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Wed 26 Sep, 2007 06:59 am
I live in S. Carolina. Our HOA covenants state in several spots that the HOA is responsible for the drainage ditches and retention ponds in the neighborhood. Now the board wants the citizens to vote that out of the documents. The board says if they can get 75% approval it will be stricken from the covenants. They also want to delete all references to the HOA easements around these structures. I told them they can't do this because when the county approved the neighborhood with the developer it was established that the developer and HOA would be responsible for the drainage. The neighbors or board can't just vote that away! Only the county Planning & Zoning folks can do that, yes?
I do not have a legal answer for you, but that is the way I understand it from the community I live in / kinda manage in NC. Someone is required to maintain them and it isn't likely that the city is going to take over just because 75% of the residents decide they don't want to pay for it any more.
The someone that has to maintain the drainage and ponds has to know what they are doing, so it can't just be left to individuals that abutt or have the drainage areas near their property.
Who do they think will take over this responsibility? Ours was a part of the developer / city approval, as well and to my knowledge cannot be changed. Should the HOA decide to not maintain these infrastructures, would the city do it and then bill them?
Ours is the exact same setup as yours... it's "a part of the developer / county approval and to my knowledge cannot be changed."
I intend to find the county ordinance that established this neighborhood, and find the section that says the developer/HOA is perpetually responsible for maintaining the drainage structures.
I have no idea who is supposed to maintain the structures. Looking at what they're proposing, it appears they just intend to walk away from it all.
My gut tells me it's imperative that we shut this thing down before they even try to put it to a vote. I'm hoping the county zoning folks and county attorney will help me accomplish this, as neglect of the neighborhood drainage structures could adversely impact the county storm sewers.
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