News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network
Developer Liable for Damages Caused by Pond Alterations
Newton‘s Crest Homeowners’ Association v. Camp, Nos. A10A1573, A10A1867, Ga. App. Ct., September 24, 2010
Developer Liability: Summary judgment was denied to a developer who altered a detention pond, causing increased runoff to damage adjoining property.
Donald and Brenda Camp purchased six acres of rural property in Gwinnett County, Ga., and later purchased another six acres of adjacent property. Hunter’s Pond subdivision lies on the north side of their property line, and was developed around a lake. Historically, excess storm water from the pond drained into the creek on the Camps’ property.
Maintaining Your Retention Pond
When a new neighborhood or office building is constructed, the natural flow of the land is disturbed. Most of the trees, natural grass and soil are destroyed and replaced with concrete, pavement, sidewalks and other unnatural structures. The topography of the land is likely altered and the former natural flow of water has now been dramatically changed.
The direct result of all the changes is that rainwater that used to be soaked up by the natural land will now flow off the developed land at a much faster rate. The amount of water flowing out of gutters, down driveways, streets and parking lots is much larger then the land can handle. In order to handle the rapid rate of water runoff, both residential and commercial properties are required to establish and maintain retention or detention ponds. In the State of North Carolina and many other states, the Homeowners Associations (HOA’s) and property management companies are required to maintain the retention and detention ponds to ensure that all rainwater on any given property is collected in a manner that does not disturb the surrounding land.
MI: Huntington Bank disputes ownership of Tecumseh’s Red Mill dam
News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network