Responsibility for Retention Pond Maintenance

Our current HOA board maintains that retention pond maintenance is the responsibility of those 6 homeowners that border the 3+ acre pond. Our neighborhood is less than 15 years old. The pond was built by the developer to hold the rain sewer run-off for the entire neighborhood. Unfortunately, the responsibility for pond maintenance was never assigned in the HOA by-laws or covenants. Those homes 'on' the pond have property on BOTH sides of the water. For that reason, current board believes we are personally responsible for the water portion as well. I don't have the knowledge or pocketbook to do what is needed/required to maintain our portion of the pond. The pond is becoming overrun with algae and silt. My position is that although it IS my property, it's the neighborhood's water that is on my property. Additionally, waiting for a flood event is more costly than instilling a maintenance plan. Anyone else have similar challenge/experience/feedback/suggestions!? We're in the SW burbs of Chicago - the city doesn't have any guidelines/laws on the subject either.

Jeff,

Actually in looking at those references on the other thread, these may be more helpful to you:

Storm Water Requirements from the IL EPA website

A Citizen’s Guide to Maintaining Stormwater Best Management Practices For Homeowners Associations and Property Owner From Lake County IL.

Hope this helps,
Tim

A good place to start. It may be shown as a drainage easement on the plat.

Jeff,

You might also check with your local zoning department. Retention ponds/basins are a common requirement for subdivisions. Zoning regulations may specify that it is a joint responsibility of all homeowners or, because newer subdivisions are often required to have an association, they may actually state that it is the duty of the association to maintain the retention pond.

There is also a body of common law that holds that those who use an easement are jointly responsible for its maintenance. I cannot imagine that maintenance of a retention pond that collects rainwater for the entire subdivision would be the responsibility of only those whose properties abut it.

If all else fails, I would recommend seeking the assistance of an attorney familiar with real estate and zoning issues. His fees will be less than it will cost to dredge that pond.

Jeff - Like the others have written, check the plat for your community. The plat for our community, in NC, shows the stormwater drainage ponds as common area. Therefore the Assn has to take care of the pond.

Wow - thanks everyone for the replies - very informative and helpful. I'll have to take a look at the Plat. We're the 2nd owner, but are pretty certain the developer didn't charge a lot premium.

My HOA has the retention on common area property. If you have issues after checking the Plat then also check with your local government Planning Department. When the subdivision was approved there should have been some type of site development plan that would have included the retention pond and they may be able to help answer some of your questions.

We have retention ponds all over the development here in Phoenix. They are specifically managed and controlled by the HOA because they are located in "common areas." Also, the city has the responsibility for "perking" the pond outlets should they not drain within a 24-48 hour period after it rains. If the water stands stagnant for over that period of time without draining there is a risk of mosquitos and other diseases that will become airborne, especially since the wildlife, including birds, rabbits, etc. deposit their feces in this basin.

Secondly, I had a home in Marietta, Georgia which had a community drain system in our backyard which was about 1/2 acre (hidden by trees) which had a lien by the city as they were then able to service this system if the need arose (flooding, etc.). We could not build anything there which would hinder the relief efforts for this system, and the inlet into the area had to be maintained in a reasonable manner so they could gain access to it when need arose.

Just because you have bought a home/land does not always entitle you to free access and use. That is why it is important to read your closing papers which contain a description of the land and any pertinent liens maintained by the different entities, like the city and/or county, etc. You should have a copy of this in your closing documents.

Since you bought a home which has a retention pond located on or near it, it should be mentioned in your land description as well as any Public Report you were given before you put down a deposit, as these facts need to be given as a legality. The City you live in can tell you immediately what rights they have, if any, to access your property to maintain that pond. It many take alot of call transfers to get to the right person to assist you, but they are always ready to help solve the puzzle for you.

I keep reading the samething over and over that I shouldn't have to pay to fix the retention pond if it's not in our backyard. That's the responsibility of the property owner along side it not me. Let us not forget the reason of the retention pond as it was built for the good of the neighborhoods not just a few homeowners as it handles all the water runoff sifting off the contaminants from your yards and streets. So to say it only a few people problem is the same as saying they are responsible for the entire neighborhood as well. If you insist on them paying for all the repairs it's only fair that they be compensated monthly for the use of the retention pond as well. Think of it as a it as the community clubhouse as everyone pays into it regardless of whether they use it or not. It's a not an option rather a requirement of the state.

Same here.