FINAL PLATT APPROVAL

My HOA is still controlled by the builder. After an inactive period of a few years, the builder is starting his last building phase. The final platt for this phase has Drainage Way Notes which assign total ownership, responsibility and liability for creeks, streams and drainage channels which would handle the storm water. The HOA is responsible for maintenance, repair, erosion and everything else you can think of. An earlier platt for the first phase also had this wording but homeowners were not aware of their "ownership" until very recently.
When I questioned the fairness of this entry the town Engineer (private company paid by the city) said that this portion of the platt and the responsibility it assigns was not germane to the voting process because the HOA responsibility was part of a several years old "agreement" between the Builder/hoa and the town. He said the arrangement could be challenged and changed in the future but not now. The town attorney (private firm hired by the town) remained quiet and did not dispute what the engineer had stated. And later, I requested a minor wording change to the Drainage Way Notes and the attorney said "it couldn't be done."

There is no mention of drainage responsibilities in the "Residential Developer Agreement" which preceeded the platt.

I am researching this agreement. The Engineer has no documentation and said to ask the Builder/HOA management company. I'll continue to dig.
Whether this agreement even exists is probably a moot point at this time. The arrangement is good for the town and the builder but not the residents.

Can a supposed "prior agreement" supercede and render unchallengeable the Drainage Way Notes on a platt? That's my question and I'm stickin' to it.

Thanks

Ah, it seems Larry as redefined his earlier post on this subject: http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/178576/view/topic/Default.aspx

But Larry I have a question for you. Just who do you think should be responsible for the drainage issues of your HOA and issues caused by your HOA, if not the HOA? Fallow ground has had thousands of years to develop natural drainage, not to mention absorption of standing water. Now comes man, who builds roads and houses and who knows what on the land and water that would have been adsorbed now has to go somewhere and since we don't want it standing next to our homes, we shape the land and engineer methods to remove it. The downside of this, someone has to pay for it and pay to maintain it. Chances are that the agreement has to meet Federal Guidelines. I suggest you do an internet search using the words: Federal Storm Water Regulations

so, buy a house in town

What a brilliant idea! Why didn't I think of that?