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MelissaP1 (Alabama)
Posts: 13,836
Posted:
My New HOA has an issue with lawncare not mowing our retention ponds. They get pretty bad with neglect. The debate is now on that some want to make them straight ponds. They think would be nicer option to let them fill with water.

I am on side of keeping retention. There are many factors in ponds people can not see with their eyes. The trash will still be there but underwater. It will attract wildlife. People in danger of drowning or injury. Plus not to mention flooding...

The person wants to know the cost of making it a pond. Let them know we would need a fountain for aeration. Landscaping still needed.

What do you think pond or retention? What issues have you found!?

Former HOA President
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MelissaP1 on 06/28/2023 9:20 AM
What do you think pond or retention? What issues have you found!?
It's not the HOA's choice. It's up to the land use department of the city or county.

Drainage is a big legal issue and rather thoroughly regulated these days.
TerriS6 (California)
Posts: 3,284
Posted:
We have drainage swale easements on our properties. Most of the time they are dry but this winter we had well above average rainfall. The opposite of retention is, as you said, flooding. The result here would be washed out roads.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Ellen these were installed by the developers. Do not know if there are laws in our specific area on if pond or retention. Good point to find out. We are in a weird place. Two cities and in county... The two different developers too. One owns the HOA and it is different city than other developer uses for addresses. So it will not be easy to know what applies.

Former HOA President
ElleN (Idaho)
Posts: 4,420
Posted:
Malaria spread has been identified in Texas and Florida. This is the first time in 20 years this has happened. You folks in Alabama wanting a full-time pond: I expect our buzzing, infected little friends would be happy to take a little break in Alabama on their trips between Texas and Florida.

See https://emergency.cdc.gov/han/2023/han00494.asp
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MelissaP1 on 06/28/2023 9:45 AM
Ellen these were installed by the developers.
The developers would have to get approval for drainage from the city or county where the land is located. Give a ring to your county's or city's land use department; tell them about the situation; and ask them to summarize the approval process for retention ponds and so on.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am on team keep it a retention pond. The issue is that people think because the lack of lawncare/maintenance going on that keeping it filled with water is best. Which it does sound nice but reality is what it is...

I told the person that people will start to think they own the pond due to their proximity. Plus we already have a wildlife issue with coyotes. The bugs would kill us alone. We would need a fountain and the ability to change back to retention use in future. Mindset will change after filled in...

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mel

To me a pond has water in it all the time. Think what you have is drainage swales that will contain water after a rain/flooding event and are meant to help drain the water away. I am quite sure permission would be required to make it a true retention pond. Permission from who I do not know. If made in a pond, there would need to be a fountain for water aeration purposes.

My initial blush is leave as is and just work with the landscaper to maintain/mow.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
That is what a retention pond is John. It is a pond only to retain water when it rains from run off.

The real problem is that we have a terrible MC that can not seem to hire lawncare. They asked us the owners to submit bids from companies! Yet they have a lawncare on our budget for 11k. It makes no sense we paid that amount and it is 3 retention ponds and a couple small road islands.

The people who live near them paid premium price. So they will think they are the owners. It is our common area on the map. So they are fed up with it too because they have to deal with the bugs and wildlife already.

This one guy is arguing with me about making it a pond. I told him it could be a potential drowning hazard. He tells me it is the parents fault... I am like no... Those parents will sue everyone in the HOA for it ...

Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posted:
In my old development, the developer (and the civil engineers that they hired) designed the entire system of wet pond, dry ponds, and flood plain in cooperation with the local water management district. The final plan was approved by the WMD and any changes would need to again be approved. I would suggest making sure your water management infrastructure was not approved by a government entity that will require any changes be approved by them. If so there is a good chance that any changes would require design and calculations by a civil engineer at association expense. That alone should be enough to put the kibosh on any changes.

Not fully relevant, but FWIW, a normally small stream (5-10 feed wide) passes through a corner of our common area. This portion of the common area is designated as a conservation area and no changes are allowed without approval from the WMD. We've come to find out that during hurricanes, this tiny stream can rise close to 15 feet and become around 250 yards wide. During Hurricane Ian last year at least 12 houses flooded in our community, mostly without flood insurance because there where not designated as being in a flood zone. The next community downstream was mostly built 2-3 foot lower and most of the 32 homes flooded. 100s of homes flooded in our general area. Prior hurricanes had water lapping at a couple of homes, but no flooding.

Escaped former treasurer and director of a self managed association.
DouglasK1 (Florida)
Posts: 2,046
Posted:
John, in discussions with our water management district they used the terms wet ponds and dry ponds to denote whether the ponds spent most of their time wet or dry. I've seen terms detention and retention ponds used but not necessarily in a consistent way. A quick Google search shows most references use Retension pond to be a wet pond, and Detention ponds to be a dry pond. Using this nomenclature, Melissa's pond appears to currently be a detention pond. I prefer the wet/dry pond nomenclature as it is less ambiguous.

Escaped former treasurer and director of a self managed association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Things have taken a turn... It appears others are now jumping onto the "Make it a pond" bandwagon. Plus now they want a Pool and clubhouse built. Trying to tell them this is a BIG mistake!!! We are still Developer controlled and owned. So they have NO idea the actual expenses we will be facing. They think the number I tossed out to them as an EXAMPLE are "fantasy". Mind you I am keeping my number fantastical LOW!

I forgot I lived in a neighborhood with young children and adults who have not "adulted" yet. A few had parents buy them or help them buy their homes etc... So they think nothing about having others contribute to "the cause". I am like NO I am NOT contributing a $1 - $2 K and $500 a month to something 4 months can swim or seldom use clubhouse. That makes no financial sense.

My response going to let it lie now for them to start talking amongst themselves. Sometimes you got to give enough information and knowledge for people to gnaw on and digest before they realize reality. Which is going to be hard lesson for them to learn. Going to step out of their way to learn it...

Otherwise, my advice to them is to complain about the lawncare issue to the Developer and the PM. They own and control us. You want these things go to them. Until we own the HOA it matters not what we want... It will once we contribute the money to pay for things. I for one will sell and move if any of these idiots decide it's okay to pay $300 in monthly dues...

Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posted:
Is there even a board with homeowners on it at this point? If so, is it just advisory? It seems to me that all of these queries should just be directed to the developer.

There are probably nearby communities with these amenities and these buyers bypassed them because they were more expensive and had higher dues to support those amenities. Now they want what they passed up on, but they want it for next to nothing.

I wouldn't even bother trying to discourage them with numbers, have them call pool companies and get quotes for what a COMMERCIAL pool costs along with fencing, bathrooms and anything else required by local law. Similarly, have them get budgetary estimates from a couple of contractors for a clubhouse. Let them go to the developer with those numbers. I assume the developer will tell them that if they wanted those amenities, they should have bought into a community that had them.

Escaped former treasurer and director of a self managed association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Agreed Douglas. Have people already posting how my numbers are so wrong and that 5K a year not bad etc... I am like it is ONLY 5 K for the insurance...

I am like thanks for spending other people's money for them... Have not tossed out there if you do not pay that extra $200 a month for a barely used clubhouse and 4 months of pool for 12 months a year the HOA can lien or foreclosed for it...

Hoping these math geniuses start doing the math... I keep tossing another thing onto the pile...

I gave them an example of a close private pool club that pool pump and pumphouse blew up recently. Told them to imagine a Business that charges 300 dollars can not afford or get parts for months to replace their equipment, what can volunteers do?

Former HOA President

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