BillG18 (Florida)
Posts: 3
Posts: 3
Posted:
We purchased the home in August of 2014.
The development was created in 1985
The original development plans by "IDI" (Indigo Development Inc, the original developers) an approved by the "St. Johns River Water Management District" "SJWMD" show storm drainage swales between and at the rear of each lot.
The rear swales have specific development map, lower an lower elevations at specific development map, designated locations that terminate at and into a drainage pond.
Between my lot and the lot behind me, (we're at the starting end of the swale with 4 other lots with 6 lots total) to the drainage pond, its the homeowners responsibility to maintain their portion of the swale to keep an unobstructed flow to the pond.
Thru the years homeowners have not maintained the swale and a previous homeowner (not the one residing there now) on the lot next to mine had planted a hedge at the edge of the drainage swale and has grown an has intruded into the swale and has become the primary culprit in interfering with the flow of water to the drainage pond.
This is where it becomes convoluted, the swales were supposed to have been titled to and maintained by the city but they weren't, so they became private property and our (homeowners) responsibility.
There is only one homeowner that agrees that we need to to survey and reset elevations as per the development plans.
I've formally asked for help from "SJWMD", declined, the county, declined, the city, declined and the HOA, declined.
The "AMENDED DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS" read.
6.9 DRAINAGE. IDI reserves a seven and one-half (7-1/2) foot easement for storm drainage purposes along the side and rear lot lines of each platted lot. Lot drainage shall confirm to and not interfere with the engineered subdivision drainage. It shall be the homeowners responsibility to replace any fences, structures, or vegetation other than grass which might be damaged by the city of Daytona Beach in its maintain of the storm drainage system.
Thanks in advance for suggestions.
The development was created in 1985
The original development plans by "IDI" (Indigo Development Inc, the original developers) an approved by the "St. Johns River Water Management District" "SJWMD" show storm drainage swales between and at the rear of each lot.
The rear swales have specific development map, lower an lower elevations at specific development map, designated locations that terminate at and into a drainage pond.
Between my lot and the lot behind me, (we're at the starting end of the swale with 4 other lots with 6 lots total) to the drainage pond, its the homeowners responsibility to maintain their portion of the swale to keep an unobstructed flow to the pond.
Thru the years homeowners have not maintained the swale and a previous homeowner (not the one residing there now) on the lot next to mine had planted a hedge at the edge of the drainage swale and has grown an has intruded into the swale and has become the primary culprit in interfering with the flow of water to the drainage pond.
This is where it becomes convoluted, the swales were supposed to have been titled to and maintained by the city but they weren't, so they became private property and our (homeowners) responsibility.
There is only one homeowner that agrees that we need to to survey and reset elevations as per the development plans.
I've formally asked for help from "SJWMD", declined, the county, declined, the city, declined and the HOA, declined.
The "AMENDED DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS" read.
6.9 DRAINAGE. IDI reserves a seven and one-half (7-1/2) foot easement for storm drainage purposes along the side and rear lot lines of each platted lot. Lot drainage shall confirm to and not interfere with the engineered subdivision drainage. It shall be the homeowners responsibility to replace any fences, structures, or vegetation other than grass which might be damaged by the city of Daytona Beach in its maintain of the storm drainage system.
Thanks in advance for suggestions.