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HerbertM (Virginia)
Posts: 1
Posted:
I am interested in information pertaining to how off site septic fields are being handled by other HOAs. The issue is that the sewer lines that run in the right away along roads that are maintained by the state, are the property of the property owner ( that is the pipes, etc.) even though they run across others proprty (within the right away) to the off site septic field. The land where the septic fields are located belongs to the HOA, however all the equipment and material, etc that is in the ground belongs to the property owner from where the sewage is being generated. The property owners do maintain their individual septic sites i.e. keeping the trees removed, etc. These FMSLs were intalled by the developer and are not under the watchful eye of "Miss Utility". Therefore when there is any digging in the right away, the digger is responsible for having the lines marked prior to digging. There appears to be only one surveyor that has the up to date information on where these lines actual run. Naturally he wants to charge a considerable sum to come out and mark the lines. Now the problem - most resently, Embarq wanted to intall a new phone/internet cable along the right away. They had "Miss Utility" mark the phone and power lines but we would not allow them to dig until the sewer lines were marked. Needless to say, they wanted the HOA to pick up the bill for marking. Previously we have been told by our attorney that we do not have any responsibilty as a HOA for these lines. Needless to say, we would not pay to have the lines marked. The end result is that Embarq picked up their equipment and departed the area without installing the new cable. How are others handling this type of issue? Thanks! Herb Miller, President, Runaway Bay HOA, Inc.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
!WOW!
you most certainly have a 'quandrum' on your hands
imo .. the person desiring to dig is responsible for any 'marking' costs

when our local phone provider wanted to run new fiber optics through our developement THEY hired crews to locate and mark ALL the utilities PRIOR to their 'directional drilling' and cable installation .. nothing being perfect, THEY were responsible and did pay for all necessary repairs to the few broken/damaged lines they 'hit' (even 6 months down the road)

sounds like your 'provider' was trying to pass the buck

"Oh what a tangled web we weave, when first we practice to make a quick buck."
(the developer who built this nightmare of off site sewage disposal .... should have built gravity drainage to a single pit, then, pump it to an ON site disposal/seepage/septic system)

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