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Tuesday, January 16, 2018
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Subject: Erosion of property surrounding lake
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Author Messages
JoseV
(Florida)

Posts:11


01/05/2018 5:26 AM  
There is discussion, by the HOA and management, that our community might have to pay for the repair of erosion of home owners property surrounding our man made lakes (retention ponds). However, I feel this isn't the responsibility of the homeowner. These home are valued higher then those not on the water. When sold, they are sold as water front. Should not they be the ones to protect and maintain their own property by any means necessary? If the lake is eating up their property, why should I have to pay? It does not increase my property value but theirs. On the other hand, 10,000 vehicles transit by our neighborhood and what they see are dead trees, dead or missing hedges, lack of mulch. The Irrigation system is broken as well. Now this is a problem that effects everyones property value in our community. Moneys would be well spent here instead.
AugustinD


Posts:658


01/05/2018 6:54 AM  
Do your HOA's governing documents state who has responsibility for maintenance of the lake? If it is the Association that has responsibility for maintenance of the lake, then it is easy to say that legally, the Association has to repair any damage the lake causes. I understand the design of retention ponds typically involves a lot of planning. The erosion problems the lake levels are causing might not be, say, a mere act of nature.
CjC
(Maryland)

Posts:59


01/05/2018 6:58 AM  
Does the HOA own and have a responsibility to maintain the lake? What do the documents say about maintenance?
JohnC46
(South Carolina)

Posts:7113


01/05/2018 7:08 AM  
Typically the association is responsible for retention ponds. This means each association member regardless of where they live in the association. I say the association should pay to repair the erosion.
FredS7
(Arizona)

Posts:794


01/05/2018 7:42 AM  
I agree with everybody else.

Maintenance that is the responsibility of the association must be done by the association even if it benefits only one owner.

BenA2
(Texas)

Posts:77


01/05/2018 8:29 AM  
I partly agree with the others. The association probably is responsible for maintaining the lake but that does not mean they are automatically responsible for erosion on private property. It may be in your governing documents but if it is not, I think you have a valid argument. I don't think it is unreasonable for an owner with waterfront property to be responsible for erosion control on their own land.
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Forums > Homeowner Association > HOA Discussions > Erosion of property surrounding lake



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