Retention Pond Issue

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aharper2000

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i live in a sudvision that has 450+ homes and an active HOA. we have hired a property management firm to run the hoa and associated property mgmt. considerations. Coincidentally, in the back of my property and two other neighbors is a retention pond with the greatest majority of the pond sitting on my property. this pond has become clogged and does not drain properly. with the standing water being there all year long obvious problems are occuring. me and my neighbors have gone to the hoa and told them that we would like them to have the pond unclogged so that it can drain properly. they complied twice but since it has become clogged again, they have said they we should contact the county to fix the problem. the county has said that this is our problem. in going back to the hoa, they have now said that this problem belongs to me and my two neighbors. they went so far as to say that we are responsible for maintaining this pond since it is on our property, which is absub given that 30+ houses on our street benefit from the pond being there. i checked my deed and there is nothing in it that states that i am responsible for maintaining this problem. however, the hoa indicated that unless the deed specifies that i am absolved from responsibiility for something in mydeed, i am responsible for maintaining anything that is located on my property. i absolutely do not feel that it is right for me to have to pay for something that all of my neighbors benefit from. i am not sure what to do or how to fight this. please help. thanks.

concerned homeowner
 
What do your CCRs say about your questions?
 
Good catch. The following is what I extracted from the HOA's Covenants and it appears as though they (HOA) are clearly responsible for maintaining the retention pond. The Declarant that is mentioned refers to the builder that filed the covenants with the county in which we live. Unless I am missing something, it seems as though we (homeowners) are absolved of the responsibility of maintaining the retention pond. What do you think?


"The Association shall also maintain all drainage detention and retention areas which were originally maintained by the Declarant, to the extent such areas are not maintained on an ongoing basis by a local governmental entity. The Association shall also maintain all property outsid e of Lots located within the Community which was originally maintained by Declarant."
 
Thanks for the information.
 
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