responsibility for drainage sytstems maintenance

Started by NicholasE • 9 replies • 4040 views

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NicholasE
Posts: 4

Posted:

looking to determine who is responsible for the maintenance of hoa drainage systems ( ponds/swales etc) while an hoa is under developer control....I have been told that two things must happen: 1. that the system (area) in question (pond, swale etc) has been transferred from the developer to the homeowners, and 2. that all surety (bonds) have been released on that system. Would this be correct?

JohnB26
Posts: 1,542

Posted:

nope - once the property is transferred it becomes the responsibility of the new owner

whether or not it CAN be transferred w/o the bond being released ?

start the reserve fund for the eventual dredging NOW

CAVEAT EMPTOR

TimB4
Posts: 20,986

Posted:

I'm not sure about the bonds. What County are you in?
Some Counties, like Fairfax, has an office that may be able to answer that question for you.

NicholasE
Posts: 4

Posted:

James City County...I have been told by the county that the bonds have not been released

GlenL
Posts: 5,429

Posted:

Nicholas what is your concern regarding the swale/retention pond? Even if the developer is still in control, the maintenance would fall to the HOA.

JoK2
Posts: 198

Posted:

The fact that the bond has not been released may be your trump card with whatever you feel you want to do with your drain ponds.

When our builder was ready to get his bond back from the county, he had to address two of those, "ponds" before he was able to get his bond back. Which for one of them meant he had to pay for the installation of a well of some kind so that didn't sit above ground.

And take the advice of making the builder your friend, not your foe.

TimB4
Posts: 20,986

Posted:

Nicholas,

You can try asking the Engineering and Resource Protection Division of James City County
101-E Mounts Bay Road, P.O. Box 878, Williamsburg, VA 23187-8784
E-mail: [email protected]
Phone: 757-253-6670

They may be able to tell you what you are looking for. At the very least, they can tell you if they have certified the construction of the retention ponds

Here is some general information that might also be useful:

Pond Buffer Setback Packet by James City County Engineering and Resource Protection Division

Stormwater Management Facility Glossary and Maintenance Guidance

Storm Water Management Best Management Practices Maintenance website from jamescitycountyva.gov

James City County Storm Water management webpage

Hope this helps,

Tim

NicholasE
Posts: 4

Posted:

thx for the info and advice...JCC has been very helpful... no bond has been released on the retention pond as this has become a sticking point in terms of the maintenance cost associated with it...

NancyG3
Posts: 342

Posted:

Nicholas - I don't know about VA. but if your pond is part of a stormwater rentition and runoff in NC you are required to have a permit. Read Tim's post. Very good informtion to look into. I know until a permit was turned over to our Assn the builder had to make sure the ponds were in compliance with the State requirements in order to issue the permit to our Assn. As far as I know our Assn did not have to pay for the transfer. However, now our Assn is responsible for maintaining the ponds and ditches.

JanetB2
Posts: 4,213

Posted:

Nicholas:

Until the issues are fixed can you access the JCC upcoming meeting agenda info from any website? Tim would probably be able to answer this question because he is awesome, knowledgeable, and from Virginia.

In my area this type issue would be in an SIA (Site Improvement Agreement) and release of anything would have to be approved by the local government. Reason I ask is because if such an item showed up on the meeting agenda for release in my area I would notify all the owners to attend the meeting and everyone argue why it should not yet be released if there are still issues.

Just a thought … Maybe you can quickly look at any upcoming agendas to keep any potential mess from being released without your knowledge and input.

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