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If dam breaks in community, are the homeowners

Started by LoriE • 5 replies • 1482 views

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LoriE (Indiana)
Posts: 34
Posted:
responsible or are the board of directors responsible for negligence. This topic has been brought to our board numerous times. They have been told how the dams need to be maintained by members of the community and refuse to do it.

Who would be responsible?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Who built the dams?

Who maintains them?

Is it part of a county drainage system? (stormwater run-off?)

It's raining cats and dogs here - flood alerts for several counties. There will be breeches, for sure, on dams around here. BUT, they are part of the watershed system the county oversees, so I am sure that the county will take care of them. Many places will have disaster relief funds, for sure, after all this rain leaves.

George's river is probably REALLY miandering . . .

GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Lorie,

This question was on the front page of the newspapers in Hoosierland not long ago. Recall the failed dam in the Lakeside community during the floods earlier this year. The homeowners around the lake built the dam, but apparently did not adequately maintain it over time.

Apparently, there are many such private dams in Hoosierland that might cause serious damage should they fail.

You might want to check out Indiana Department of Natural Resources v. Lake George Cottagers Association which was argued before the Court of Appeals in April 2008.

Also read the attached DNR press release. An excerpt:
    Who is responsible for keeping a dam safe?
    The Indiana General Assembly has established dam safety laws to protect the citizens of the state. Generally, the laws are intended to ensure the dam owner maintains his/her dam in a safe manner that minimizes potential safety risks downstream to lives and property. Since dam owners can be held accountable for any damage that results from the failure of their dams, they should do whatever is necessary to avoid injuring persons or property.

    Who makes sure dam owners are doing what's required?
    The Department of Natural Resources has the statutory authority to regulate dams in Indiana. The DNR oversees the inspections of about 1,100 dams statewide.

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GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Lori, Here is the article from the Indianapolis Star.
    State: Dams were faulty - Agency had warned owners but hadn't required repairs
    June 16, 2008

    The state had repeatedly warned the owners of four dams damaged by this month's storms that the structures were deficient, but the owners never made the necessary repairs, and the state never punished them.

    Federal and state officials confirmed that one of the four dams had failed. Landowners and local authorities reported the three others broke or were damaged after record rains flooded the state more than a week ago.

    It is not clear who will pay for the resulting road repairs and emergency response efforts, but in at least one case, residents who do not think they were at fault already intend to pick up the tab.

    Earlham Lake Dam in Johnson County failed and three others were damaged by June floods. Over 10 inches of rain fell in parts of the state, overwhelming a number of spillways previously termed inadequate by the state. The dam failure washed out a road, eliminating road access to 78 homes for 5 days. Dams severely damaged: (1) a dam in Morgan County owned by the Victor Conservation Club; (2) Graybrook Dam in Owen County owned by the Graybrook Conservation Association (~40-acre lake emptied); (3) East Lake Dam in Johnson County, owned by the East Lake Lot Owners Association. The dam overtopped, damaging 100 houses and cutting off about 120 homes from the town of Prince's Lakes.
The full article is attached. I have also attached another article from the Journal-Gazette as well.
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LoriE (Indiana)
Posts: 34
Posted:
The dams were built by the developer back in the middle 1980s. We are a private community. Our association should maintain these dams but refuses to do so.

There are 2 other communities that drain into our drainage system. We cannot get the board to maintain that either.

George, thanks for the court case.

KirkW1 (Texas)
Posts: 1,665
Posted:
The association is likely responsible. The BOD has been indemnified, though that is not always iron clad. If it can be shown that they knowingly violated the law or did not act in a "reasonable" fashion. I suspect that reasonable must be interpreted quite liberally though.

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