Class action lawsuit

Jana, your Articles of Incorporation may allow you to dissolve the association but you still have to comply with the Declaration since you are owners with deeded restrictions. Check your Declaration to determine if the HOA is responsible for maintenance of the ditch. If it is owned by the developer, not the county or the homeowners, then the developer may be responsible. If the HOA is responsible and the transition from the developer has not occured then the homeowners should refuse to take over control until the problem is fixed.

If the homeowners are responsible check the plans the developer submitted to the planning commission when they sought approval to develop the subdivision to make sure they completed all requirements related to the ditch. If they did then check with the planning commission to see if governmental help and funds are available to correct this problem.

Jana, look at the plat of your subdivision. If the ditch area is identified as a common area of the subdivion then it is the homeowners' responsibility. If it is not identified to be part of the subdivision it is not the association's responsibility to maintain it.

Rodger,
Harold has a point. You have to remember that when the said..Developer can turn it over to himself, a class B member of his Assoc. then exit out, with the approval of our Stupid board directors, who didn't research anything , the control went to their heads, and as first act of board of directors, they forgot to research what they were getting into.(Just sounded good) by the way there was no election, the sole Class B owner who was the entire board was able to select his own NEW BOARD of Directors, which he picked stupid ones, and they signed the agreement. Now as a new home owner, I did read my Declarations prior to buying my house, but didn't know there were under lying issues with a stream that ran behind our neighborhood that has a pipe that runs under our neighborhood street into our Home owners back yards! this is not a flood plain, but it has flooded 3 times since I moved here. My husband is a piping engineer/ Water treatment Engineer and says that the pipe that cross under the OUR neighborhood road needs to be BIGGER. Developer / Class B member cease to exist as per our Declarations and the Assoc takes over All Responsiblites.

I did what I believe was what Rodger said earlier and got the plots and maps and printed them out for each of the homeowners and roads and streams to show who was effected by it. Now looking at that, knowing a house just was built on a Lot where the Pipe ended (came out on the other side of the road) I see that in order to build that new house that has yet to be sold they had to get a OK to move the stream! This is not a ditch! I'm just so lost and about to put a sign up for Sale before I"M SUED!

JanaC

Harold,

Now that is a good question, the Board of Directors are WORKING ON IT and have been since last year. In the mean time these houses has been flooded 3 times and new houses are going up. I realize now the City or County isn't going to help....Right NOW...Who's culvert is that?, the one that is too small for the amount of water that flows through it? Is it mine, as I am a member of our HOA? Shoot I'm just now trying to figure out why I was just now told of this problem...Well...that is my fault as I wasn't an active member, just lived my life in my new house and thought everything was fine, until my neighbor was outside screaming at everyone for neglecting him and talking about Sueing, then the other neighbors getting together and talking about Class Action Suits against our HOA....a bit late.. but I went to the meeting Sunday and yes, the board states we are responsible....I'm wondering if they know that.. or think that, so here I am learning and being a ACTIVE board member now. These houses were 3 ft in water, outdoor spa..was floating away.. The houses on the otherside of the street where the pipe comes out, are loosing yard, it's arroading their property away by 4 ft across so far they say. when one of these home owners brought it up at the meeting, they dismissed her, me and a few others for asking ligit questions about it. Kinda sounds shady to me...Now I'm feeling like I'm placeing a horse bet on weahter who's right or know a thing about anything around here. Everyone here has been very helpful in helping me understand many things I did not. I have taken much advice and am getting very imformed of my rights in a HOA. Crazy thing is no one around here realzes the just of any of whats going on as we were not even informed of the meeting that I went to.. ( a neighbor told me on Halloween night) and yes they were surprised to see me! So now I got to figure out a ligit way to inform the rest of the home owners...without slandering the board....to inform them of their responsibilities according to the declarations....and what that exacly means. It's hard being the only lady who has taken the time to research this and the Declarations, Articles, and Bylaws. Trying to teach the rest of this neighborhood is going to be exausting. LOL

Again thanks,
JanaC.