HOA Pond ?

I have no answer to your questions, but I do a question of my own for you.

In almost all the newer developments in our area, "man-made ponds" that the developers are installing are actually "retention basins" for rain/sewer runoff, etc.

Ours (and probably about 90% of the others in our area) have inflow -- and outflow.

The reason I bring this up is because you mention there is considerable erosion on the shoreline, which would seem somewhat odd for a closed body of water, like a pond.

It may be that the sewer/water district in your area can/should help with it if it is actually a retention basin. The "pond" may actually be theirs, but the CC&Rs require the HOA to maintain it (in terms of algae, duck weed, landscaping, etc.)

Not long after the turnover in our HOA, I recall the Sewer/Water District coming out to do something with the "pond" (we call ours a "lake," which is still sort of aspirational, if you ask me! We had bigger "ponds" on our farm when I was growing up!)

But they actually ended up doing some sort of concrete/rock slope on one end of the "lake" nearest one of the inflows. I don't know the details because the guy who worked with them isn't in our subdivision anymore. I'll check to see if there are any notes anywhere.

I do know this, though, we didn't have to pay for it.

Oh, I recall another time that some kids had pulled out some of the metal grates and threw them into the "lake." Our sewer district came out to remove them and replace them with no fee.

We, however, did have to pay for some mole issues in the area around that time.

Robert,

You've brought up the age-old mantra: "I don't use the amenity, why should I have to pay for it?" I know a pond (or lake) that only some h/o's have access to is much different than a community swimming pool, but the premise is the same. Whatever the "amenity" all lot owners share in the upkeep expense. My community is full of lakes but my home doesn't border on one. However, the fact that our community has lakes is attractive to potential homebuyers. Same as the private golf course which runs through the community. And regarding the lakes in my community, many of the h/o's bordering the lakes have paddle boats, but no one is allowed to swim or fish (they are stocked) in the lakes. If this is the case with these ponds all the more reason why everyone should share in the upkeep. If those bordering on the pond can't use it for anything, why should they alone pay for the upkeep?

Lex,
I live in a 55+ community which has water retention ponds (we call them lakes also) which collects the rain water from the golf courses. Our HOA had three of these ponds conveyed by the developer. No problem since we do not experience any erosion. Boats of any kind are not allowed in the ponds, but
fishing is allowed.
The problem the HOA was confronted with was the construction of homes
backing the ponds that are not part of our 55+ community. The developer was
notified of the dilemma of our HOA was responsible for the pond and he allowed
use of the pond (fishing)as an amenity for these residents. Our concern was
the possibility of an accident occurring in our pond and being held liable.
As of now the situation remains.
Some of our residents, whose property abuts the ponds, have installed bulkheads, not because of erosion, but the land sloped to the water's edge
and the bulkhead provided a means of leveling the back yard.
The HOA maintains the ponds but not the property on the shoreline.
It appears to me you have to take care of the problem yourself, especially
if the HOA does not have the funds to repair. Is there a reserve fund?

Don't be surprised if it doesn't have an outflow.

It would not necessarily be noticeable from looking at it. Ours is at the bottom on the opposite side as the inflows and empties below grade into an adjacent larger storm drain (which is like a mini-river sometimes).

But regardless of how many people "officially" "use" the lake as an amenity, it is deeded jointly to all homeowners and they are all equally responsible for it.

It's not something that they can either "opt out" of nor can the board "opt them out" of responsibility for it.

Lex,

I would bet that your County Environmental or land Developement will want to be involved in this. This is way too soon to be having so many difficulties so I would start with your County first. Usually the Developer also has a certain Bond or Warranty on infrastructure but because you are interconnected with an outflow, there is outside monitoring of the water.

I believe our reserve is gone dealing with landscaping issues. I think we need to fix the problem ourselves now and try to work it out with developer/village/county after. Anyone know about the possibility of obtaining an equity loan(there is a tax bill for HOA's properties) or would we have to get a general loan?

Find out if your area has a Water Management District. In Florida they own all waterways,ponds,lakes and interconnected waterways. They are totally responsible to fix and repair as well as maintain them. The only catch is what type of written agreement the developer made with the city and county folks while doing his PUD Plan. Which is required in every city and county in America.