Care of pond might be a shared responsibility
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Q. Our newly developed subdivision has just taken over the commons and responsibilities from the developer. There is a pond in our subdivision that about three-quarters of the homes surround. About a quarter of the homes do not have the pond in their back yards. We had a non-pond house owner refuse to pay any fees associated with the pond since he is not directly on the pond. He said he will pay homeowner's association dues, but not if they are going toward the pond. Can he do this legally? Or does it depend on anything written in the covenants?
A. Check your association covenants. The responsibilities of each unit owner are defined in the association bylaws. Bylaws are initially established by the developer but are changed as needed by the homeowner's association after the development is completed.
The bylaws address the duties and responsibilities of the unit owners. This includes the responsibility and allocation of costs for common areas like a pond. It is common to see a vote of 75 percent to change the bylaws. My guess is that all owners are responsible for maintaining the pond.
First Published November 1, 2008 12:00 am