Irrigation System

Started by MichaelO4 • 8 replies • 2093 views

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MichaelO4 (Montana)
Posts: 40

Posted:

When the developer/declarant of our condominium project (20 stand-alone units)installed the underground irrigation (sprinkler) system in the Common Areas,
he connected the system to a water well and submersible pump located on his private property. The HOA contracted with him to provide the water for the system at a cost to the HOA. His rationale was that using water from the city water company would be much more expensive to the HOA,which is true. It seemed like a
win/win agreement at the time. However, it appears that the declarant, who is no longer associated with the HOA, has no legal obligation to continue this arrangement with the HOA, and could, at any time, stop supplying water. The HOA would then be forced to connect to the city system at considerable cost for
connection and for water. Nowhere in the original owners' closing documents was this fact disclosed. Question(s)

id anyone have an obligation to
disclose the above facts to the original owners prior to or during the closing process? The developer/declarant? The real estate agent(s)? The title companies? We did look into sinking a water well somewhere on the HOA property, but that's a whole different can of worms. Thanks in advance for any responses.

GlenL (Ohio)
Posts: 5,491

Posted:

I'm not an attorney but I would say no. Just how necessary is it to water in Montana that would make it cost prohibitive if necessary to hook into public water. Is the irrigation the only thing you depend on the well water for or do you have to worry about flushing the toilet too?

Studies show that 5 out of 4 people have problems with fractions

MichaelO4 (Montana)
Posts: 40

Posted:

The well/pump is used only for irrigation of both the HOA property and adjacent developer-owned property. Watering the Common Areas, which includes a park, would be very expensive with city water. Watering must be done every day in the hot Montana summers.

CarolF (Florida)
Posts: 435

Posted:

Why not drill your own well on HOA common property? I'm assuming that you have some common areas.

MichaelO4 (Montana)
Posts: 40

Posted:

We've looked into that. It's very difficult to get a permit for a new well here. We must go through at least four government
bureaucracies, and can expect a fight with the city water company. Water rights in Montana are contentious.

RayC4 (Virginia)
Posts: 173

Posted:

However, it appears that the declarant, who is no longer associated with the HOA, has no legal obligation to continue this arrangement with the HOA, and could, at any time, stop supplying water.

Why not? Are you sure? This is the area I would look to first. There must have been some 'approval' process the Developer went thru to obtain permission for the development. Was this irrigation system mentioned in that process (as reflected in documents between him and the county. If so, what was said (i.e. did he commit to the irrigation system as part of the development?) If he did, you may have a strong case that the development has a right to the system. Worth a morning at the county offices going thru the files imo.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Others have made some good suggestions, especially Ray. While investigating the situation, I would get a quote on having a well drilled on association property to serve as the supply to the irrigation system.

Sometimes the simple approach is the best and least expensive.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Here is what would have to happen. It is similar to what we had to do. You have to update your documents to reflect this change. That is where the "notification" to the change of service has to be documented. We changed from 1 water meter to each home having their own. Which meant we could no longer turn the water off if you did not pay your dues. This had to be reflected in our rules/CC&R's. So we had to go and have a 90% of our owners sign a document to change the rules.

This is a good idea anyways as conditions change about every 5 - 7 years in a HOA. A HOA is managed by it's members for it's members, so they can adapt and change the rules to what they want to live with. Plus the CC&R's are considered PUBLIC documents which means to the courts, that no one person is responsible for notification of the rules in your HOA.

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Stop using sprinklers. Free.

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