What is the name of your state? Ga
My dad's home is one of six on a private pond in a subdivision. The pond was bordered on one side by an earthen dam. The county built a road directly on top of it, and this was the only access to the entire subdivision.
When the pond flooded, the dam broke and the road was washed away. When the county was contacted for repairs, they refused, saying they weren't responsible for any of it because they didn't own the dam underneath the road. They ignored the argument that the road itself may have weakened the dam. They did, however, cut a temporary, gravel detour road through to the back of the neighborhood.
Dad talked to a lawyer who felt the HOA had a case against the county. But the HOA wanted repairs done quickly, so they ignored the idea of legal advice, hired a crew to rebuild the dam AND road, and simply assessed the six pondside owners thousands of dollars for the entirety. The non-pondside homeowners were not assessed anything (because they do not have access to the pond), even though they use the road (again, it is the only paved access to all the homes in the neighborhood).
As for other factors, Dad felt the builder currently adding homes to a phase II should contribute also, as his megaweight construction trucks likely weakened the tiny dam as they rolled across time after time, day after day. Again, the HOA ignored this suggestion.
This builder himself, however, was willing to admit some responsibility, although the homeowners did not know it at the time. Later, Dad found out the builder had spoken to the HOA president privately, offering to pay for EVERYTHING himself, if only he were allowed to build one, small, public dock for the use of the non-pondside neighbors, including the homeowners in the new phase. The HOA president did not bring this information to the HOA at large, instead telling the builder that no one was interested in his proposal -- because he, personally, did not want the other neighbors to have access to the pond.
Dad is a senior citizen on a tiny, fixed income. He would have a hard time coming up with the assessment even if he agreed with all the actions of the HOA and its president. But as there were likely other avenues to mitigate the situation, and Dad's pleas to explore them were ignored, he has been holding out on paying. Consequently, he's been the subject of a hate campaign: nasty emails, etc.
Did the HOA likely have a case against the county that should have been explored? What are my dad's options now?
Any polite suggestions will be much appreciated.
Thanks,
Arlee
My dad's home is one of six on a private pond in a subdivision. The pond was bordered on one side by an earthen dam. The county built a road directly on top of it, and this was the only access to the entire subdivision.
When the pond flooded, the dam broke and the road was washed away. When the county was contacted for repairs, they refused, saying they weren't responsible for any of it because they didn't own the dam underneath the road. They ignored the argument that the road itself may have weakened the dam. They did, however, cut a temporary, gravel detour road through to the back of the neighborhood.
Dad talked to a lawyer who felt the HOA had a case against the county. But the HOA wanted repairs done quickly, so they ignored the idea of legal advice, hired a crew to rebuild the dam AND road, and simply assessed the six pondside owners thousands of dollars for the entirety. The non-pondside homeowners were not assessed anything (because they do not have access to the pond), even though they use the road (again, it is the only paved access to all the homes in the neighborhood).
As for other factors, Dad felt the builder currently adding homes to a phase II should contribute also, as his megaweight construction trucks likely weakened the tiny dam as they rolled across time after time, day after day. Again, the HOA ignored this suggestion.
This builder himself, however, was willing to admit some responsibility, although the homeowners did not know it at the time. Later, Dad found out the builder had spoken to the HOA president privately, offering to pay for EVERYTHING himself, if only he were allowed to build one, small, public dock for the use of the non-pondside neighbors, including the homeowners in the new phase. The HOA president did not bring this information to the HOA at large, instead telling the builder that no one was interested in his proposal -- because he, personally, did not want the other neighbors to have access to the pond.
Dad is a senior citizen on a tiny, fixed income. He would have a hard time coming up with the assessment even if he agreed with all the actions of the HOA and its president. But as there were likely other avenues to mitigate the situation, and Dad's pleas to explore them were ignored, he has been holding out on paying. Consequently, he's been the subject of a hate campaign: nasty emails, etc.
Did the HOA likely have a case against the county that should have been explored? What are my dad's options now?
Any polite suggestions will be much appreciated.
Thanks,
Arlee
