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Thread: Preservation of retention areas and maintenance

  1. #1
    Member
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    Preservation of retention areas and maintenance

    I'm looking for a reliable way to handle maintenance of tracts used for wetlands preservation, stormwater detention, etc. in new plats. Does anyone know how to accomplish this?!?

    Most cities I'm familiar with require CCR's regarding tracts and a homeowner's association to maintain them, but, what happens if the HOA dissolves itself?

    Specifically, what happens in cases where:
    1. A City doesn't want the tract (and accompanying responsibilities) to be deeded over to it? and
    2. The County takes over the tract because of unpaid taxes and it stays in public ownership because nobody buys it (i.e., why would anyone want to buy a detention pond or wetland?), but doesn't have the money or interest to maintain it?

    Has anyone had experience with this? and how did you handle it?

    Thanks in advance!!

  2. #2
    Cyburbian Trail Nazi's avatar
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    In my experience, when the HOA dissolves for whatever reason, the maintenence is sometimes turned over to the WMD depending on if the state classifies it as waters of the state. Otherwise, the local jurisdiction gets it along with the bond money from the HOA dissolving.

  3. #3
    Member
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    Thanks for the info!

  4. #4
    Cyburbian Jeff's avatar
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    Like it or not, the local municipality is going to maintain it if/when the HOA is dissolved.

  5. #5
    Cyburbian
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    Quote Originally posted by Jeff View post
    Like it or not, the local municipality is going to maintain it if/when the HOA is dissolved.
    Agreed. Look at this way; who is gonna get sued if there is an accident, poor maintenece causes sewers to back up, basements to flood, or worse yet, a kid drowns.

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