Permits for pond repair

We have a small HOA 30 units and our ponds have been leaking. In the Contract Agreement, which we haven't yet signed for a $65,000 job, it states our contractor: "recommends permits for the improvement. The HOA will be responsible to obtain them."
Our Landscape Committee Chair said "the contractor said IF we approach the City we may be required to install other features that are NOT part of the current renovation plan; And that in addition to permit costs we MAY be asked to submit plans in addition to text descriptions. I therefore did not contact the City and we left permits as optional in the contract. It is my recommendation that we do not pursue them for this project, especially since we are not changing contours and not pouring new concrete."

Doesn't the board have a fiduciary duty to protect the association from liability and wouldn't the board be putting the association in jeopardy if permits are required but not obtained?

If the contract read "No Permits Required" would this protect us?

MW,

California has some of the strictest environmental laws in the Country. Going without a permit is suicide to the HOA. I know that in Florida, any contractors or anyone at all doing work on any waterways, ponds and streams are required to be State licensed. They know that permits are required for pond work and could lose a license for not getting the permits. Now if you hire just some Joe Blow company who is not licensed, that is asking for the State to come in and fine you really heavy. Why risk it--just get the permit.

The OWNER is responsible to obtain any legally required permits.

The contractor is exactly that, a (sub) contractor working for the OWNER.

Some trades (such as plumbing and electric) require the person doing (or directly supervising) the work to have a specialty (trade) license, but this does not require the 'vendor' to obtain a permit...the builder/owner is still responsible.

Some projects (usually involving water) may also require state and or federal permits.

Why would you not want to have the work done in a legal and professional fashion?

If you can't afford the ponds ... move on down the road to a place you can afford.

Harsh sounding, perhaps, but fiscally sound advice.

I would look to get more information. The city may require a building (or other permit). But the state may require a permit as well. And to assume that you will have to add features to get the permit is a bad idea. But figuring you can just ignore the permit and all will be ok is worse.

Larry, it's been a while since we've had to do this, but I believe it's the same way in Kentucky, too.

Excuse me for being stupid, but how does a pond "leak"?

Susan,

How a pond leaks.
A breach in the perimeter, an under the waterline fissure which goes outward and more than I care to list. That is why experts in waterways should be consulted. It's not like you can stick a finger in it to stop the leak.

I know this stuff from being on a Florida Board with 16 retention ponds in our HOA area. We had to have chemical treatment every 3 months to keep the invasive weeds and algea from clogging the drainage system that went into the creek that went into the river that connected to the intercoastal waterways that went into the ocean.. So this is not a kiddy pond that does not affect other aspects.These all have to be taken with a serious approach.

Michelle,

As you know, ponds in Florida are merely retention ponds where the street runoff collects, and slowly seeps out into overflow drains. The water is contaminated with fertilizer and pest control chemicals, plus road junk, including exhaust and oil. Because they drain down into the waterways, they are required to be treated.

How well does it work. In one of the larger ponds, my next door 12 year old girl caught an 8 pound bass and turtles and Egrets thrive there. So it does work to treat them correctly. I guess it would depend on how quickly the water transfers out but with some movement of the water,, the algea should be easily treatable.

I cannot tell you how much exactly and we had LOTS of water to treat but at 4 times a year, it seemed like around $55,000. These guys were specialists in this type of service.