Who owns the Roads in Three Arch Bay?

Below is an email obtained from a Neighbor in Three Arch Bay who opened a claim with Chicago Title.  Chicago Title says their "title expert concludes that TAB does not own the roads; rather, the common interpretation for a title examination would be that each owner of a parcel that fronts a street owns up to the center of the street in front of their property."

Click on the link below to view the TABA Revocable License Agreement.  Property owners that signed this agreement agree to "waive any prescriptive rights, adverse possession rights, and/or easement rights with respect to the License Area”.  DO NOT SIGN WITHOUT CONSULTING AN ATTORNEY.  Also contact Friends of Three Arch to learn more.  TABA tells the City of Laguna that they own the streets but is this true....

After decades of filing under penalty of perjury with the State as a Common Interest Development (HOA), Three Arch Bay refiled on 2/22/22 that they are no longer an HOA!  Membership was not made aware of this change in status with the State of California.  Friends of Three Arch have said for months now that this is not a valid HOA as there are no CC&Rs recorded to any of the homes.

It is clear TABA has hijacked the municipal code and is trying to usurp the powers of the City of Laguna Beach. In fact, the City of Laguna Beach sent 2 separate letters in June 2021 to Three Arch Bay and Design Professionals specifically stating the City "does not enforce or require compliance with those (TABA) guidelines". Also, "whether or not the City receives comments (from TABA) … the City will render a decision consistent with applicable regulations and /or issue a building permit for approved development projects".  It's clear that TABA has no authority!  Three Arch responded by letter on 9/15/21 by threatening to sue the City of Laguna Beach.  See all documents below.

Click on the link below to view the AGENDA and PACKET for this week's CSD Meeting. 

See page 30 of "Public Meeting packet" for detail on new security rules to keep the public out of Three Arch with public tax dollars. 

Click on links to view the contacts approved on 3/9/22 by publicly elected Special District officials to pay fund $1,000,000 per year of Three Arch Bay's private expenses.  

Click on the link below to view the contacts signed, by publicly elected Special District officials and the President of the private Three Arch Bay corporation.  Contracts state that the Public Special District (CSD) will pay $45,230.92 each month for private recreational services, private tennis club expenses, and many other private events with public tax dollars.  The CSD will also pay an additional $35,283.29 each month for half of Three Arch Bay's private employees (approximately 4 employees).  This totals over 900K per year of tax dollars going to a private corporation for services the public has no access to.  These publicly elected officials of the CSD are also members of this private corporation they signed a contract with.  This appears to be a conflict of interest and risks the Private Three Arch Bay community being opened up to the public.

Three Arch Bay has admitted that they have no CC&Rs recorded to any property in Three Arch Bay. The documents available here for download are actually Grant Deeds from the 1930s thru the 1950s.  They contain "restrictions" but are not CC&Rs that we know of today. The 1931 Grant Deed was created before the Three Arch Bay non-profit corporation even existed.  All of the "restrictions" contained in these Grand Deeds expired in 1940 or in 1980 except for the "race clause" which both versions of the Grant Deeds say does not expire. 

LAFCO is the County agency that issues latent powers to CSD's for what PUBLIC services they can provide, however, LAFCO does not provide enforcement. Similar to how the DMV issues driver's Licenses but is not the agency that enforces how you drive.  Click on the "Contact Us" tab at the top of this page for a link to LAFCO's website.  There you will find more information, a phone number to contact, and a list of other CSD's in Orange County. 

The CSD for Three Arch Bay District has a charter filed with LAFCO that does NOT include “recreational services”, only storm drains and security. Per LAFCO's email, we received, they state: “we are awaiting an application from the District (for recreational services) to which we will review, analyze and move forward for consideration by the Commission”. 

Currently, the CSD is paying the Private Three Arch Bay non-profit corporation 900k per year for PRIVATE services not authorized by LAFCO.  See contracts above.  These private services being paid for by public tax dollars is putting the entire private community of being opened up to the public.

Three Arch Bay non-profit Corporation is holding over $750k of construction deposits.  These deposits were collected under the false pretense that Three Arch is an HOA and the paying of these deposits is mandatory.  The list of deposits not returned goes back 10 years!  Recently at a board meeting TAB announced plans to convert hundreds of thousands of dollars of deposits older than 4 years to their general operating fund.

If you paid a deposit to TAB in the past 10 years click on the "MEMBERS DOCUMENTS" tab at top of this page or the link below to view the complete list of deposits.  https://friendsofthreearch.com/m/login?r=%2Fmembers-documents