Scenic ponds and streams

We have now lived in our neighborhood for 2 years and have finally gotten the hang of how things kind of run. In the common grounds behind the "premium" lots are ponds that are fed VIA PUMP from a larger lake that is NOT the neighborhoods. These ponds have streams that flow downhill between them and then ultimately back into the larger lake. This pump requires enormous amounts of electricity each year eating up much of the budget of our HOA. After reading the covenants it is now clear to me that we are required to "maintain" the ponds, however, the design of the ponds, which the homeowners had no say in, is ill conceived and is putting what I believe is enormous stress on a neighborhood that is roughly 40% full.

So...I'm trying to find someone with advice regarding this specific topic. Do we have any recourse to approach the developer with? Has anyone dealt with ponds like this in a neighborhood that are strictly aesthetic? I don't see these ponds having a long life span and then where does the neighborhood go from there?

Thanks!

In theory, there might be a fix, but in practice, don't get your hopes up. A lot depends on your governing documents, how your community is set up, and whether or not you're still under developer control.

Let me explain. I know there are communities that are comprised of different types of "neighborhoods." The homes and ammenities in one type of neighborhood may be better than those in a nother type of neighborhood. For example, a Type A neighborhood may have smaller homes and smaller lots, and the cost of maintaining those neighborhoods is small. A Type B neighborhood may have larger homes and larger lots and cost more to maintain. In this type of community, in which I have lived, there are two assessments; one assessment to cover the costs of the entire community, which is the same for everyone, regardless of whether it is an A or a B neighborhood. Then there is the neighborhood assessment, which is different for each type and is based on the cost of maintaining each type of neighborhood.

It MAY be possible to structure your community in a similar manner. That is, the premium lots with the ponds would be one type of neighborhood and the other lots would be a different type. You won't be able to do anything unless the HOA is under homeowner control. Then, provided there isn't something in state law that prohibits such a change, it would requre a change to your CCRs, and that would require agreement among the homeowners. Depending on several factors, you may not get enough homeowners to go along with such a change since it would mean increased dues for some. That's why I say don't get your hopes up.

Hi Matthew:

Find out the details regarding the pump, i.e. brand, AMP, GPH, etc. There could be potentially a better energy efficient pump available. The HOA then needs to consider cost difference of utilities compared to maybe replacing with energy efficient pump.

I have a waterfall/pond in my back yard which circulates 4,200 GPH (gallons per hour) and only uses 4.2 AMPs, which is minimal cost to operate. There are other potentially less expensive pumps; however, they also utilize up to 15 AMPs or more of electricity for the same GPH pumped. The amount paid up front is minimal compared to electrical costs each month … therefore, look to energy efficiency when replacing equipment.

Possibly the developer was looking at initial cost of pump and not the extended period with regards to operating and electrical utilization. Once you find out the pertinent information, you will be better prepared to discuss with the developer potential options.