STORM DRAINAGE PONDS

Statement of Policy

It shall be the policy of this Homeowners Association that maintenance of the Storm Drainage Ponds shall be the responsibility of the individual lot owner whose property abuts the individual pond.

An easement is granted by each lot owner whose property abuts a Storm Drainage Pond that the lot owner will be reposnsible for the portion of the pond which legally falls within the perimeter of said lot.

Article II, Section 2.13 and Article Viii, Section 8.01 of the Declaration of Covenants, Conditions and Restrictions indicate that the owner of each lot shall be responsible for the maintenance of his lot, including the easement portion, and if said owner does not maintain said lot, the Association may maintain the lot and recover its costs from the owner.

Implementation

12/10/87
In accordance with cited documents, the Board determined that the Association will not be involved in paying for the dirt to be used in reconfiguring Pond Number 1 to ameliorate flooding.

5/12/02
Correction to 3rd paragraph of above Statement of Policy: Information was taken from Article II of O.R. 1307, page 0986, and Article VIII – Section 8.01 – page 0995, (a) Common Areas. (b) Lots.

06/11/09
This is an amendment of the above original policy statement to reflect the more recent Deed Restriction documents on file for Fairway Springs Homeowners Association.

According to O.R. 1437 PG 0593, Article II, Section 2.13, paragraph (b):
Without limiting the generality of Paragraph 2.26 (utility easements) hereof, the Owners of each Lot upon which is located any Drainage Easement, Drainage facilities or Retention Areas shall be solely responsible for the upkeep and maintainance of such drainage Easements, Facilities and Retention Areas, including, but not limited to, any required water purification, weed and insect controls, fencing and policing; and if any such Drainage Easement, Drainage Facilities, or Retention Areas shall be located on more than one Lot, the obligation for maintenance thereof as aforesaid shall fall jointly upon the owners of such Lots.

Therefore, those individuals who live on retention areas will be obligated to equally share all maintenance, jointly, with all others sharing property on that same retention area.