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.
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