Drainage Committee

Started by LoriE • 6 replies • 1727 views

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LoriE (Indiana)
Posts: 34

Posted:

Does anyone have a Drainage Committee within their community? If so, what is the purpose, guidelines, scope, responsibilities, definition of drainage issues, how do you define if the drainage issue is that of the homeowner or of the HOA, powers of the committee, if any, etc?

I look forward to your information,

Lori

JanM (Texas)
Posts: 142

Posted:

We have a maintenence dept that takes care of all drainage issues but usually that responsibility lies with the PO as far as keeping them clear and installing culverts where needed. Our maintenence dept basically cuts the grass and reports possible problems.

RogerB (Colorado)
Posts: 5,067

Posted:

Lori, drainage can be addressed on the ARC request form for any external modification to a property. If the drainage problem is in a common area or drainage coming onto properties from outside the HOA it is the responsibility of the Board of Directors to correct.

LoriE (Indiana)
Posts: 34

Posted:

Roger,

We have a drainage problem in our backyard. The neighbors along side me have complained too. I originally brought up our drainage problem at the board in July 2004 and nothing has been done. We drain the entire neighborhood. As more roofs and concrete are built, so rises the water level in the ditch behind our homes.

I have reviewed the meeting minutes since 2000. I have 7 pages typed of where drainage has been brought up and nothing has been done.

What can I do short of suing the board which is suing myself? Our association attorney has stated that the board is responsible for all common areas, water facilities, etc. as stated in our by-laws and covenants. The board choses to ignore.

On September 25, 2005, we had what the National Weather Service called a 500 hundred year flood. I had water all around my house, which has never happened in the 12 1/2 years we have lived here. I have a koi pond in our backyard. My husband estimated we had 8-9 feet of water in our backyard which submerged our pond equipment. One of the neighbors was within a 1/2 inch of the water entering her house. Another neighbor was within inches of it coming into their home.

No one is listening.

What is an ARC?

Thanks!

RogerB (Colorado)
Posts: 5,067

Posted:

Lori, is the ditch within or outside the boundaries of the HOA? If the primary problems is downstream beyond the HOA your Board should be contacting the department of the city, county or state which is responsible for control of drainage. If it is within the boundary of the HOA in a common area it is the responsibility of the Board.

It could be that there is no reasonable solution to your problem. The owner of a property does have the responsibility to consider drainage issues before they purchase. If you expect the Board to do something about the problem what solutions have you offered? Tell them what do you want them to do to solve the problem.

BradP (Kansas)
Posts: 2,640

Posted:

Lori:

I agree with Roger, if the ditch you are referring to is in a common area then yes the Board needs to act on it. If it is however, on private property that is another matter. You mentioned that additional building has caused more problems, is this a developer or builder issue? I am assuming the city or local agency approved the drainage plan and if it was not altered by you or anyone else then they need to readdress it if it is not working. Ultimately it is the homeowner's responsbility for their lot, but if it was a poor design by the city or developer then you might have hope.

LoriE (Indiana)
Posts: 34

Posted:

This ditch is within the 15 foot easement on the backside of our property and all my neighbors, which according to our coventents, makes our board responsible.

Our Drainage Committee has contacted a firm who specializes in drainage. Their recommendation was to start with the ditch behind our homes and work upstream.

During our fact finding mission on the Drainage Committee, we have consulted with the county on a possible drainage issue upstreat. They did not see that it was an issue.

To protect our property, we are in the process of raising the back of our property to give the ditch a more defined bank.

If the board would take care of this ditches like they are supposed to, we would not have to be spending the additional money.

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