Erosion of property surrounding lake

Started by JoseV • 11 replies • 2421 views

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JoseV (Florida)
Posts: 27

Posted:

There is discussion, by the HOA and management, that our community might have to pay for the repair of erosion of home owners property surrounding our man made lakes (retention ponds). However, I feel this isn't the responsibility of the homeowner. These home are valued higher then those not on the water. When sold, they are sold as water front. Should not they be the ones to protect and maintain their own property by any means necessary? If the lake is eating up their property, why should I have to pay? It does not increase my property value but theirs. On the other hand, 10,000 vehicles transit by our neighborhood and what they see are dead trees, dead or missing hedges, lack of mulch. The Irrigation system is broken as well. Now this is a problem that effects everyones property value in our community. Moneys would be well spent here instead.

AugustinD
Posts: 5,144

Posted:

Do your HOA's governing documents state who has responsibility for maintenance of the lake? If it is the Association that has responsibility for maintenance of the lake, then it is easy to say that legally, the Association has to repair any damage the lake causes. I understand the design of retention ponds typically involves a lot of planning. The erosion problems the lake levels are causing might not be, say, a mere act of nature.

CjC
Posts: 210

Posted:

Does the HOA own and have a responsibility to maintain the lake? What do the documents say about maintenance?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Typically the association is responsible for retention ponds. This means each association member regardless of where they live in the association. I say the association should pay to repair the erosion.

FredS7 (Arizona)
Posts: 927

Posted:

I agree with everybody else.

Maintenance that is the responsibility of the association must be done by the association even if it benefits only one owner.

BenA2 (Texas)
Posts: 1,273

Posted:

I partly agree with the others. The association probably is responsible for maintaining the lake but that does not mean they are automatically responsible for erosion on private property. It may be in your governing documents but if it is not, I think you have a valid argument. I don't think it is unreasonable for an owner with waterfront property to be responsible for erosion control on their own land.

PestyonE
Posts: 18

Posted:

natural waterfront, river, lake, swale : act of nature, h/o responsible

manmade waterfront, retention pond, drainage ditch : act of owner (in this case association) maker responsible

BillB17 (South Carolina)
Posts: 92

Posted:

You need to check your governing documents. Our community has 14 retention ponds, which are part of our common property and the Association is responsible for their maintenance. However, our governing documents say that each homeowner living on a retention pond is responsible for the maintenance of their property down to the waters edge. In our case, the homeowner would be responsible for the erosion repair.

PestyonE
Posts: 18

Posted:

lawsuit waiting for a time and place

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By BillB17 on 01/18/2018 6:52 AM
You need to check your governing documents. Our community has 14 retention ponds, which are part of our common property and the Association is responsible for their maintenance. However, our governing documents say that each homeowner living on a retention pond is responsible for the maintenance of their property down to the waters edge. In our case, the homeowner would be responsible for the erosion repair.

Bill

Maintain down to the edge is one thing. Erosion is a separate issue. I say the owner of the pond is responsible to repair any erosion.

JoseV (Florida)
Posts: 27

Posted:

I want to take this moment to thank everyone for their input. I found some pertinent information in our doc that states: The Association shall be responsible for the maintenance, operation and repairs of the surface water or stormwater management systems. Maintenance of the surface water or stormwater management system shall mean: "the exercise of practices which allow the system to provide DRAINAGE
Next paragraph states: Each lot owner, including builders shall be responsible for the maintenance, operation and repair of the swales on the lot. Maintenance, operation or repair shall mean the exercise of practices , such as mowing and erosion repair etc,

PestyonE
Posts: 18

Posted:

Quote:

Posted By PestyonE on 01/18/2018 9:48 AM
lawsuit waiting for a time and place

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