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PeggyH (South Carolina)
Posts: 36
Posted:
In our association we have drainage ditches that run in front of the houses by the street and some that run behind the houses at the property line. We have 4 or 5 different home builders in the neighborhood, some went under during the process of building and others took over. Unfortunately the builders didn't make sure the drainage in one section was compatable with the drainage in the next section, this was all done probably 15 years ago. We now have some drainage problems, some of the homeowners have had drainage pipe put in their ditch, connecting it to the next home's pipe and so on, then covering over the pipe, so there is no exposed pipe or open ditches, but some homeowners have just filled in their ditch without piping it first, which has stopped up the draining from one lot to the next. Can we make every homeowner correct the problems by cleaning out their ditch,piping the ditches and then covering them, and if they don't do this can the association do this and then charge it to the homeowners?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Who owns the property where the ditches run?

In our bylaws, it states that homeowners are not to touch the drainage ditches - but they do. One guy place a huge black tube and then covered it over, just to "extend" his lawn. The entire project was not engineered right, and the drainage backed up. So now the association has to remove his big tube, re-dredge all the ditches.

Do your bylaws state anything about who maintains the ditches?

You can do an engineering survey of the drainage, and anyone who is disrupting the natural "flow" would have to correct it. OR the HOA can retrench the entire sub and get it right. It is not cheap to do.

DJ1 (Ontario)
Posts: 798
Posted:
We have a restrictive covenant registered on title specifically saying we cannot alter the drainage swales. This is a town/municipality requirement not a HOA requirement for us. If someone alters and negatively impacts the swale it is the town we would have to go to.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Peggy,

You may also want to contact the City/Co. Since they required the drainage ditches (I would assume), they may be able to enlighten you on how this problem should be corrected and who's responsibility it is. It may lie with the homeowner, the HOA or the City/Co.

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