Builder is trying to get an HOA

Started by JamesO • 2 replies • 2340 views

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JamesO (South Carolina)
Posts: 2

Posted:

When my wife and I moved into this subdivision in South Carolina, along side the new home that was all ready built, was a drainage easement ditch (15' X 100') starting from the back of our home to a retention pond on another lot that has a home on it. We were told that the drainage easement would be maintained by the HOA. The majority of the length of the drainage easement is half way on our property. The builder and his realtor called a meeting to set up an HOA the other night. At the meeting the builder told us that the common areas would be the front of the subdivision and the retention pond. He would not include the drainage easement like he said. Now we are told that my wife and I have to maintain half of the drainage easement all by ourselves and not the HOA. The reason that the builder wants to start an HOA right now is because he wants to sell the home that has the retention pond on it. The people that are interested in that home will not buy it unless the HOA as a whole will maintain the pond. CAN ANYONE HELP?

JulieS (Georgia)
Posts: 412

Posted:

Our subdivision in Georgia has three detention ponds and they belong to the association, along with the common area w/pool & tennis court and the entrance. The HOA pays a minimal property tax on the parcels and other easements. You may want to search the county tax assessor's database to see who owns them. You can search by the developer name, HOA or homeowner. On another note, we do not do anything to the detention areas, they are a naturalized area.

A number of the lots in our neighborhood also have drainage ditches along the back of them. To my knowledge, the homeowners are responsible for maintaining these as they are on their property. When the homes were first built and still under the builder, there was an erosion problem and the builder/developer had to install more rock, etc. to help control the erosion.

CharlesW1 (Georgia)
Posts: 826

Posted:

JamesO,
I wish I had some advice for you but I don’t know all the do’s and don’ts of an HOA yet. It sounds as if JulieS has given you some good advice and a place to start. I personally don’t think the homeowner should be responsibly to maintain the “retention” or “detention” which is it? I thought it was called a retention pond. Now the property leading to the pond, if on the homeowners property then YES is should be the homeowner’s responsibility to maintain. Maybe I’m wrong, I really don’t know. I can see both sides of it.

It’s like a tennis court enclosed by a fence. The homeowner’s property ends where the tennis court enclosure begins (back to back). Is the homeowner responsible for maintaining the over grown weeds that are around the enclosure? I wouldn’t think so!
I don’t see how this would be legal, or is it?

By looking at the plat of the property will determine whose land it is and who maintains it, Right? If this plat determines that the property in question is indeed yours. Then realistically you could just leave it alone completely. If it is yours to maintain and you wish to leave it as it is.

I wish I could be of some better help to you on this subject.
I would think you would get some really good advice from the people on this discussion board.

Best of luck, to you
Chuck W.

Charles E. Wafer Jr.

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