Q: Who is responsible for retention pond?
.
A: The HOA Declaration recorded in the county record controls the operation and obligations of the land that it covers. You will have to retain a local real estate attorney to review that document, any amendments, and subsequent HOA activities to answer those questions. This on-line service cannot provide such specific answers. It requires a review of all relevant documents.
A: Your declarations and by-laws will most likely address the issue of the retention pond. Most likely it is characterized as part of the common area. Your annual assessment should be based upon anticipated expenses and maintenance of the retention pond if defined as a common area would be included the expected expenses. However, the anticipated expense would most likely only address routine maintenance such as mowing around the area. If the retention pond is failing or has a more serious issue, then it may not fall within anticipated expenses. There should be a line item in the annual budget that allows for a reserve fund to be built up to take care of larger expenses. If there is insufficient funds in the built up reserve fund, then the members of the association may see a special assessment to address the retention pond.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
