Unfettered Access to Coleton's Swimming Hole

On September 28, 2023, the Board of Directors held a meeting where they unilaterally and without a vote declared that vehicular traffic was no longer allowed on the road to Coleton's Swimming Hole. When questioned about this decision, the President of the Board, Ed Schultek, failed to provide any legal justification for the decision and instead stated, "we're going to try to help this homeowner by, at least, keeping car/truck traffic out of there." Without any legal justification, such an action clearly shows favoritism of benefit for one homeowner to the objective detriment of the community as a whole.

In response to this action, a Hearing was held to discuss this decision seeking transparency from the Board of Directors on this issue. Not only was the Board of Directors unwilling to provide any legal support for their claim for restricting vehicular traffic, they voiced very derogatory opinions of those present. In one such instance, the Vice President of the Board, Skip Davis, stated that no one present lived in the real world, implying that the non-Board members present were not capable of understanding the complexity of the situation.

Following this a Special Meeting was called in which a vote of the association was taken with the overwhelming majority voting to repeal any and all restrictions with respect to vehicular traffic in accessing Coleton's Swimming Hole. Regrettably, in opposition to the will of the overwhelming majority, the Board of Directors ignored the voting rights of the community, and restated that the road was not allowed to be used by vehicular traffic.

As part of this process, the Board of Directors relied upon an attorney, Mr. Allen Moseley, who was funded by the Declarant, Tim Ritch. With such a clear conflict of interest, Mr. Moseley provided a legal opinion with very suspect findings and lack of legal evidence to support his conclusions. In response to this, a group of Coves members hired an independent attorney to evaluate the legal rights the community has to the use of this road.

After a meticulous examination of the situation, which faced certain complexities due to our community’s unique circumstances, their independent attorney, Mr. Kyle Putnam, has affirmed: the road should stay open to vehicles. This opinion aligns with the community's long-standing belief in maintaining open access to the swimming hole, ensuring that it remains a shared resource for all.

In pursuit of a peaceful resolution, Mr. Putnam has reached out to Mr. Allen Moseley, the attorney representing the Board of Directors and Tim Ritch, to discuss the future of this access. The hope is to foster a dialogue that leads to an official recognition of the easement as a road, thereby solidifying the road’s status and avoiding further disputes.

We encourage all community members to stay informed, involved, and vocal about this issue. Your engagement is crucial as we strive to ensure that our treasured Coleton's Swimming Hole remains accessible to everyone who wishes to enjoy its natural beauty.