Detention Pond in Denver, CO

Started by CG3 • 13 replies • 2046 views

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CG3 (Colorado)
Posts: 5

Posted:

Looking for any suggestions as to what to do or how to get out of this mess. Acquired a detention pond through a treasurer's deed process. Yes, we realize we should have done due diligence yet now we want to salvage anything rather than to go bankrupt. The detention pond was set up to service neighboring businesses…the developer, we discovered, never transferred this to the shopping center and the property became orphaned. The city (Aurora) and county (Arapahoe) assessed the property as a commercial lot and taxes were in default. We paid the taxes and now have the lot. The lot is just a detention pond and really hasn't any commercial value unless someone wants to construct an island over the pond. The neighboring business refuse to cough up any money to maintain. The county and city say it is a private matter and don't want to get involved. It appears that we and heirs are now stuck with maintenance and the city has started to send us notice of violations. Any suggestions???????? We can't sleep at night.

PitA
Posts: 311

Posted:

ATTORNEY

possible liability of directors who did NOT do their job - nonfeaseance

DouglasK1 (Florida)
Posts: 2,046

Posted:

Your post isn't clear as to whether an HOA bought the property or if this is a personal issue. In either case, why would you buy someone else's retention pond?

Escaped former treasurer and director of a self managed association.

CG3 (Colorado)
Posts: 5

Posted:

A shopping center exists surrounding this detention pond. The developer was to have transferred the responsibility to the businesses to maintain. This fell through the cracks and the property was left orphaned. The taxes were not paid (yes, I wonder why) and the county assessed a tax lien on the property. Sad to say, but yes, we paid the tax lien, and subsequently got the property as a treasurer's deed. Now, we have the privilege of paying for the maintenance of a detention pond and a piece of property that no one wants. Yes, it was not our shining moment….but moving on, we need to deal with it and not look back. Thanks

CG3 (Colorado)
Posts: 5

Posted:

The developer disappeared.

Do you know of any atty that is in the Denver area who could help? If not, any area of specialty we should look for?

MarkM31 (Washington)
Posts: 556

Posted:

Quit paying the fees and liens and let it go into default.

Who is "we" that picked up this parcel?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Record a quit claim deed giving it to The Little Sisters of the Poor or some similar charity. Then call the media and let the city and the merchants in that shopping center all look like thugs beating up on an order of nuns trying to help little orphans.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Storm water management (detention) ponds have become strictly regulated by the EPA who fines the State, which fines the County, etc. etc. until it gets to the individual or entity that is responsible for maintenance of the pond.

Check your local version of the EPA for applicable laws.

As others have said, you should get an attorney to pull deeds of the businesses and see if they have deed restrictions that require them to share in the cost of maintaining the pond. If they are, you may need to take the business to court to force them to pay their share (again with assistance of the attorney).

Until then, you are on your own to fix the violations before the penalties (which I understand are fairly stiff) come into play.

Here is a thread with various resources on storm water management:

http://www.hoatalk.com/Forum/tabid/55/view/topic/postid/178571/Default.aspx

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By CG3 on 06/12/2015 6:43 AM
The developer disappeared.

Do you know of any atty that is in the Denver area who could help? If not, any area of specialty we should look for?

I would guess somebody who specializes in real estate law.

Escaped former treasurer and director of a self managed association.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By CG3 on 06/12/2015 6:43 AM
The developer disappeared.

Do you know of any atty that is in the Denver area who could help? If not, any area of specialty we should look for?

Yes, we work with several good HOA attorneys who could help. One advertises on this board.

CG3 (Colorado)
Posts: 5

Posted:

I was away running errands.

Could you provide 2-3 names of attorneys in Denver who specialize in this aspect of law?

PitA
Posts: 311

Posted:

IMO:

The stores would be responsible for maintenance of their REQUIRED storm water detention system under the principle of common law and easements.

CG3 (Colorado)
Posts: 5

Posted:

We really appreciate all the comments…it is helping us formulate our plan of action and discussions with an attorney.

It is a mess and we are trying to make lemonade out of a lemon by saying, well, if we can't get rid of it, at least maybe we can get the neighboring business at to pay their fair share.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By CG3 on 06/12/2015 10:49 AM
I was away running errands.

Could you provide 2-3 names of attorneys in Denver who specialize in this aspect of law?

Email me for this info. [email protected]

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