Updated: 6/13/21

At least since 1969, at three different times it has been documented that the Cranberry Lake Community Club (CLCC) has unsuccessfully attempted to foist mandatory membership in their social/recreational “club” on the property owners living within the vicinity of NJ State owned Cranberry Lake located in Byram Township.

In addition to trying to mandate control over the residence for many years, the CLCC has also attempted to control the public lake and surrounding public land in this community. HCSLU’s purpose of resisting further attempts to foist mandatory membership remains and includes ensuring the integrity and sustainability of Cranberry Lake for public use. HCLSU will continue to inform and protect residents on any future actions and correct any misconceptions at the lake.

Since July 2018, when CLCC announced their most recent misguided action, members of HCSLU have been researching the false information being spread within the community. The following chronological sequence of events provides the facts that clarify and explain what has transpired here at Cranberry Lake to help you understand the genesis of the Cranberry Lake Community in relation to CLCC ‘s origin, how it was structured, why it was formed and to clarify the misconceptions.

CHRONOLGICAL SEQUENCE OF EVENTS

CHRONOLGICAL SEQUENCE OF EVENTS

1922

N.J.S.A. 13:12-3 (L.1922,c.212) Cranberry Lake became a public lake open for recreational purposes. Cranberry Lake is a New Jersey State owned lake that controls the water rights and use of the lake. Neither the Cranberry Lake Development Company nor the CLCC ever received rights to use the lake that are superior or greater than any other land owner and no greater than the general public.

1922 to 1927

From 1922 to 1927 Susan Calkins sold approximately 750 acres of land to Mr. Drews, book H-12, p.236 & p.249, book P-12, p.157 & p.162, book T-12, p.400 & 482, book X-12, p.548, book 296, p.208 (Sussex County Hall or Records, Newton, NJ). The 1927 deed, book 296, p.208, is the “alleged” master deed that was claimed by the CLCC, however it lacks all the necessary criteria, i.e. defined planned community boundaries and common property, association responsibilities, easements for lot owners to use common property or ownership shares in commonly held property. An actual example of a master deed from Lake Parsippany Property Association is viewable in the “Important Update” section of this website.

1922

Mr. Drews incorporated the Cranberry Lake Development Company (CLDC) to subdivide, sell and lease the property he bought from Susan Calkins. Nothing within any of the formation documents indicates the corporation was chartered to establish a planned, separately incorporated, or distinctly bordered residential community. Furthermore, there is no master deed or individual lot owner deeds describing commonly held or shared property and/or facilities for the exclusive use by the owners residing within the subdivided area.

1924

The Cranberry Lake Community Club (CLCC) was incorporated as a non-profit with Mr. Drews named as first Trustee, Certificate No. 26936. The clubs stated purpose was to insure the present and future character of the development and promote the welfare, recreational, social, and intellectual interest of its members. Furthermore, the founding trustees DID NOT mission the CLCC with purchasing, holding, improving, maintaining in common, a club house and other property for the benefit and use of all persons who own or lease property in a distinctly bordered area at Cranberry Lake. (Additional detailed information can be obtained in Renee Steinhagen Esq., NJA 3/2/20 letter to CLCC, (doc 7).

1936

After the Cranberry Lake Development Company’s 1930 bankruptcy, in 1936 Susan Calkins received all the unsold property back that she sold them, book 352, p.241 (Sussex County Hall of Records, Newton, NJ)

1937

Susan Calkins transfers the Cabin Springs Boat dock land to CLCC, book 363, p.484 (Sussex County Hall of Records, Newton, NJ), block 135 lot 1 and block 137 lot 10 Byram Tax Map 3.02.

Nothing within the deed indicates this property was transferred to CLCC with easement rights for use by all lot owners within a defined boundary of the Cranberry Lake community.

1967 and 1976

The CLCC acquired small tracts of land from the DL&W Railroad, book 814, p.1028 and Pink Elephant Bar, book 972, p. 970 (Sussex County Hall of Records, Newton, NJ) located near the clubhouse and do not appear on any of the CLDC subdivision maps. Nothing within the deeds indicates this property was transferred to CLCC with easement rights for use by all lot owners within a defined boundary of the Cranberry Lake community.

1969

The CLCC unsuccessfully attempted to mandate membership in their organization by requiring property owners to sign an agreement that they would be members, adhere to the CLCC by laws, pay dues, and only sell their property to a person who has been accepted by the CLCC as a member, (doc 10). The CLCC failed at forcing membership in their club due to the residents refusal to sign such document.

1975

The CLCC acquires South Shore property, block 193, lot 1 from Roland Price (Susan Calkins Grandson and heir to her estate), book 958, p.970 (Sussex County Hall of Records, Newton, NJ). Nothing within the deed indicates this property was transferred to CLCC with easement rights for use by all lot owners within a defined boundary of the Cranberry Lake community. Furthermore, this land is not lake front and is completely surrounded by Byram Township public roads, Byram Tax Map 3.04. The lake front tract of land adjacent to Block 193 lot 1 is Byram Township public land which is exclusively being used by CLCC with bulk heads and docks without them paying taxes.

1987

The CLCC took all residents to court (docket C-2262-87) seeking a fair share assessment with a judgement to mandate membership, compel assessments and place liens on homes for non payment. In January 1990 all complaints were dismissed with prejudice, (doc 4). Again, CLCC was unsuccessful in mandating membership which remained voluntary as it had been since the Club came into existence. Roland Price successfully sued the CLCC for his legal defense expenses he incurred from the failed litigation.

1988

A group of residents at Cranberry Lake opposed to CLCC mandatory membership register the trade name Citizens for Voluntary Membership at Cranberry Lake, book 13,p.348 (doc 12). The CVM-CL members were the first organized group opposed to compulsory membership, dues, fees, assessments, etc. which might constitute a lien on real property that defeated this action by CLCC.

1990

CLCC entered into a twenty-five-year lease agreement with the DEP to lease land to be used for the clubhouse beach, parking lot, pedestrian foot bridge with terms to make the beach available for public use, (doc 13). The lease specifically does not grant responsibility of the lake beyond the swim area and the CLCC cannot interfere with Cranberry Lake State Park public access or public recreation activities on the State-owned lake. Currently the CLCC remains under these same lease terms as a year to year hold over tenant until the DEP decides whether or not to renew their lease.

May 2000

On May 23, 2000 a DEP Stream Encroachment Freshwater Wetlands Permit was issued to Byram Township as the property owner of the Weaver House Boat Dock land at the intersection of North Shore Rd and Weaver House Cove Rd, for dredging and bulk head construction paid for by Byram taxpayers, permit no. 1904-00-0002.1 (SEA) and 1904-00-0002.2 (FWGP#13) on Block 331, Lot 6, (doc. 14). This public land is exclusively used by CLCC, posted with a CLCC private property sign (doc 15) and CLCC does not pay a lease fee on the land or taxes on the docks. Additionally, this land was never part of the Cranberry Lake Development Company subdivision on the original filed 1924 Weaver House Cove Map No.3, 110B (Sussex County Hall of Records, Newton, NJ) and shows as part of Block 331 Lot 6 on Byram Tax Map 3.03.

There are another twelve CLCC docks located on Byram Township owned undeveloped public roads that are not being taxed, (doc 16). Furthermore, when doing construction or repairs on these docks a DEP Morris Canal and Banking Company Dock Construction Permit cannot be obtained by CLCC because they are not the landowner, a requirement on the permit application, (doc 17). The CLCC has previously been denied approval of the MC&BC Dock Construction Permit by the DEP on undeveloped roads at Strawberry Point due to their inability to prove ownership and the lack of block and lot numbers for the land.

July 2000

Robert Dennis sold Roses Beach to CLCC, book 2477, p. 127 (Sussex County Hall of Records, Newton, NJ) located on block 332 lot 3.24, Byram Tax Map 3.05. This land was never part of the CLDC subdivision and the deed does not grant all lot owners at Cranberry Lake easement rights for use of the land.

June 27, 2018

On June 27, 2018 the CLCC announced that membership was now mandatory based on Chapter 106 amendment to the Planned Real Estate Development Full Disclosure Act (PREDFDA), concerning the election and voting rights of members of common interest associations who by virtue of a Master Deed and their individual deeds pay an assessment to the association for maintenance of commonly held property (doc 5).

2018 to present

Beginning in 2018, the CLCC began telling title companies at real estate closings that alleged delinquent dues are owed from the seller and for the upcoming season from the buyer (doc 6).

October 3, 2018

Chris Jewett Esq., Senior Counsel for NJ Legislature, sent a letter to Senator Oroho, after he requested an investigation, advising him that the Cranberry Lake community was not developed with a master deed or any other legal instrument that would allow CLCC to compel residents to pay assessments. Furthermore, Mr. Jewett stated nothing within PREDFDA and Chapter 106 grants CLCC the authority to mandate membership and compel residents to pay assessments, (doc 18).

February 18, 2020

Homeowners at Cranberry State Lake United (HCSLU) was formed as an unincorporated group of property owners at Cranberry Lake to work with the Department of Environmental Protection (DEP) to ensure the future integrity and sustainability of Cranberry Lake for public use, and to resist continuing attempts by the Cranberry Lake Community Club (CLCC) to foist mandatory membership on property owners in the area.

HCSLU obtained legal representation from New Jersey Appleseed (NJA) Public Interest Law Center. On March 2, 2020 NJA sent a letter to CLCC explaining HCSLU’s position backed by examination of historical records and an analysis of the law and informing the Club that if it takes any legal action, NJA will defend the case and also seek sanctions against them,

(doc 7). Renee Steinhagen Esq., NJA continues to represent HCSLU for over a year now, written five additional supporting letters, gave testimony at the Assembly Housing Committee meeting for Chapter 106 clarification, and provides us with continuous legal services. Visit njappleseed.org to learn more about NJA and Renee Steinhagen, Executive Director.

June 11, 2020

Robin Madden, Manager/Acting Director, Department of Environmental Protection (DEP), manager of Cranberry Lake for the State of NJ, sent a letter to CLCC advising them the procedures for drawdowns on all State owned lakes, reminded them of their status as a holdover tenant and informed the Club that a decision had not been made whether to renew their lease. The letter also noted that the current lease does not grant authority beyond the swim area nor does it grant responsibility on the lake for docks or for general lake management or maintenance, including weed control, (doc 8).

September 30, 2020

Governor Murphy signed Chapter 106 clarification bill into law (PREDFDA Amendment) indicating that it had been misinterpreted by some associations and did not impose new responsibilities. The bill noted that any unlawful liens will be null and void, and an owner may take action against the association and petition the courts for award of counsel fees, (doc 9).

After the Governors conditional veto in Sept 2020, the CLCC began using a sales restriction found in only SOME of the property deeds at the Lake in order to justify their action. Such sales restriction indicates that the buyer may only sell or lease their home to a CLCC member. We believe that this sales restriction is unlawful and unenforceable because: 1) it was used solely as a vehicle in the CLCC 1969 By-laws to discriminate against racial and ethnic persons deemed by the Club to be "undesirable", and pursuant to the 1948 Shelley v Kraemer Supreme Court decision such sales restrictions are unconstitutional and against public policy (doc 10) and 2) the claim was raised in the 1987 CLCC v Residence court judgement (docket C-2262-87) and the entire complaint was dismissed with prejudice, (doc 4).

December 28, 2020

James Fahy, Bureau Chief, Department of Community Affairs (DCA), Homeowner Protection sent a letter to Eileen McCarthy Born, legal counsel for CLCC advising that the CLCC is NOT a PRED Association and requires a court order to determine such status, (doc 11).

February 2021

CLCC announces that they will not seek mandatory membership and assessments under PREDFDA for 2021 and going forward, (doc 1, doc 2) The vote at the 2/6/21 Board of Governors meeting was 22 yes, 3 no, 1 abstain, and 1 absent to end their misguided action. Following the meeting Mary Seage resigned and Len Sadowski became the new CLCC president.

March 2021

On behalf of HCSLU, Renee Steinhagen NJAPILC sent a letter to CLCC demanding action for a public announcement to the community and remedy for the harm they caused to people in the community, (doc 3)

June 2021

To date, CLCC has made no public announcement, provided no communication on plans moving forward, or established procedures to return dues to residents who paid under fear of a lien being placed on their home. Although HCSLU member Mary Dean had her money being held in escrow by Foundation Title returned to her, the CLCC continues the same pattern of deception by stating the dues had been “waived” within their release letter, (doc 19).

All supporting documents referenced (doc 1 – 19) can be view by clicking on the (doc #).

HCSLU Mission Statement: HCSLU was formed to work with the NJ Department of Environmental Protection to ensure the future integrity and sustainability of Cranberry Lake for public use, and to resist any attempts to foist mandatory membership by other organizations, most recently pursuant to the 2017 election amendments to the Planned Real Estate Development and Full Disclosure Act (PREDFDA).