Legal Fund to Challenge Emerald Lakes STR Fees

Emerald Lakes owners pool resources for legal action against escalating STR fee program

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Legal Fund to Challenge Emerald Lakes STR Fees

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The Emerald Lakes STR Owners Coalition, led by Jamie Shelton, is organizing short-term rental owners to challenge Emerald Lakes Association’s escalating short-term rental fee program. Emerald Lakes already charges all owners annual dues. On top of that, short-term rental owners are being singled out for substantial additional fees simply because they rent their homes. We believe these fees are excessive, unsupported, and unauthorized under Pennsylvania law and the governing documents of Emerald Lakes Association.

Recent Pennsylvania appellate authority, including Chan v. The Association of Property Owners of The Hideout, confirms that homeowners associations cannot simply create major short-term rental restrictions or burdens unless those powers are actually authorized by the governing documents (declaration of covenants and bylaws). That case is a major warning sign for associations attempting to impose STR rules and fees by board action alone.

We are raising funds to retain counsel and pursue legal action seeking a declaratory judgment that ELA’s STR fee program is unlawful and unenforceable. We also intend to seek reimbursement of improperly collected fees where legally available. This fight is bigger than one owner. If ELA can impose excessive, unsupported STR fees today, those fees can keep increasing tomorrow. Many owners have invested heavily in their properties and rely on short-term rental income to pay mortgages, taxes, insurance, maintenance, and association dues.

There is strength in numbers. The more owners who stand together, the more leverage we have to force transparency, accountability, and a lawful resolution. Funds raised will be used for attorney’s fees, filing fees, court costs, and other expenses directly related to challenging the STR fee program. Please contribute what you can and share this with other Emerald Lakes STR owners. This is about protecting our property rights, our investments, and basic fairness within the community.

Organizer

James Shelton
Organizer
Tunkhannock Township, PA

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