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Posted By LarryB13 on 03/23/2015 2:26 AM
Banks,
I have followed all of your posts for quite some time and I have a question/observation.
If I have this correct at some time years ago the land your home sits on was subdivided and sold with deed restrictions. Within the deed restrictions were requirements for operating a sewer system. The deed restrictions expired under Iowa law but the sewer system is still operated as if it was an HOA.
If you were in my state I would consider your sewer system to be an "improvement district." Such a district is authorized by law and governed by appropriate statutes; to form an improvement district my understanding is that a majority of the property owners within the geographical boundaries must vote in favor of establishing it.
An improvement district has the authority to impose assessments and file liens but would not have HOA-type powers to force you to paint your home pink.
Does Iowa recognize improvement districts and, if so, is there a reason why this would not be considered such a district instead of an HOA?
There are such districts throughout the state. I'm not sure exactly how those work. There are also sanitary sewer districts. Those are typically districts developed just outside city/town limits where the property owners connect to the municipal service and pay a higher price but that's not what we have. We are monitored by a branch of a 4-county health department. This branch oversees an inspection done every two years. They are looking for environmental and health issues associated with the system. To my knowledge they don't look at the financial well-being of the nonprofit corp. running it. Although that is possible.
I wish that I had done more checking before building a home here but I didn't and I don't plan on moving for awhile. I have contacted the health department, the Department of Natural Resources, and my local state senator and representative. No one to this date has been very helpful. This board is inept and incompetent. I suppose that is a little harsh but it really needs to be in the hands of a state or local department that knows better how to manage and maintain it. In some instances the BOD does the best it can with limited knowledge.
To compound the problem we have 3 sets of property owners with different sewer needs.
1. Residents occupying their homes full-time such as myself. We try to be mindful of our water usage taking our weekly shower and washing clothes only on Mondays.(LOL) Really most months we use less than 3,000 gallons.
2. Residents with vacation homes occupying their residences on a limited basis. Some of them are at their summer homes a lot and some very little.
3. Lot owners who own unimproved lots who don't use the sewer at all.
So this is probably way more information than you wanted to know but this is my life.
Anyone with any suggestions would be appreciated. But it may be that I just have to live with it as it is. At least I can still flush!!