Question: Why can't we just stop watering the detention basin or turn it into a community garden or xeriscape it?

Answer:

There have been several ideas and suggestions about how we should deal with the detention basin. It is our main expense. It is not a small piece of property, and it does take some effort to maintain. We have been researching  these suggestions to see if there are any changes that would make sense for our situation. Here is what we have learned.

The current landscape of the detention basin was approved by Provo City when the neighborhood was being developed. Any changes to the landscape of the detention basin need to be approved by the city. Provo City has very specific requirements for what needs to be included in the landscape design of a detention basin. This includes grass, trees and shrubs (see below). Grass is the main element that allows the detention basin to function, because grass is vegetation that anchors down the soil while allowing water to flow into the ground and the drains.

    One idea has been to convert the land into a community garden.  We have discussed this option with Thomas McKenna who oversees Provo City parks and open space areas. He explained that community gardens are not on the approved list of landscape designs for detention basins and a garden would not be approved because it would not allow the storm water drains to work properly.  The debris that would run off from rainfall in a garden would be problematic and counterproductive.

Another suggestion has been to xeriscape the land. Xeriscaping is a landscape style which aims to minimize water usage by covering the ground with native and drought tolerant plants. It is doubtful that such a landscape would be approved by the city, as it is not listed in their requirements for detention basins in the city code. If we were somehow able to obtain approval for a xeriscape design for the detention basin from the city, it would mean a substantial cost to completely re-work the land in that manner.

Some have asked why we need to keep watering and mowing the grass in the detention basin; perhaps we should just let it die out. The board has spoken with three city planners who all stated that if we were to stop maintaining the detention basin, we would all face penalties, both as a group and as individual lot owners. Those penalties would include fines and liens on each lot in the neighborhood.  

This is what the city code specifies for detention basins:

City Code 15.20

(d) Detention/retention basins and ponds shall be landscaped where possible. Such landscaping may include shade and ornamental trees, evergreens, shrubbery, hedges, turf and ground cover.

14.49C.140. Detention Basin - Wetlands Mitigation.

Any changes to any detention basin or wetlands mitigation areas including change of use or modifications to the common areas in or around a detention basin structure, proposed plans shall be submitted to the City for pre-approval. Approval from the City shall be required prior to the change of use or modification of such common areas. A detention basin/wetlands mitigation area related hydraulic features shall be the responsibility of the City. (Enacted 2007-26)

15.20.150. Enforcement.

(1) All landscaping shall be installed and maintained in conformance with an approved landscape plan. Any modification to an approved plan shall require approval of the Planning Commission or its designee.

(a) Bonding for all landscape improvements shall be held until required landscaping is inspected and shown to conform to the approved landscape plan.

(b) Unauthorized changes to a landscape plan shall be corrected by the person responsible for deviating therefrom. Unauthorized changes which remain uncorrected shall be a violation of this Chapter and subject to the fines and penalties established in Chapter 14.42, Provo City Code.

(2) The Community Development Department and the Urban Forester are hereby authorized to bring actions against property owners for violations of this Chapter. (Enacted 1999-61, Am 2012-20)

Question: Why can't we just get rid of our H.O.A.?

Answer: According to Utah State Law, an HOA with commonly owned property can only be dissolved with a unanimous vote. Not only would all 83 lot owners need to vote to dissolve the HOA, but any mortgage company with a lien on any lot would also need to approve such an action.

The chances of that many parties all agreeing to the same thing is next to zero.

In 2013 the HOA board conducted a vote by mail-in ballot to determine if there was a sufficient number of homeowners with a desire to deed away the common properties and dissolve the HOA. That motion was voted down by a large margin. 

Additionally, Provo City would need to approve the dissolution or our HOA. They have indicated that they will not allow our HOA to be dissolved. In the original developer’s agreement for our neighborhood, it was set forth that the city would maintain the hydraulics system within our detention basin, but the HOA would be responsible for maintaining the area in a manner consistent with the guidelines set forth by the city.

Question: Why do we have an H.O.A.?

Answer:

In a nutshell, when the neighborhood was originally being proposed by the developer, Provo City placed certain conditions for placing a neighborhood of houses on the land. One of the conditions was that there must be a detention basin. Because the detention basin would need to be maintained, a homeowners’ association needed to be formed.

The HOA would need to be responsible for maintenance of the detention basin, which collects storm water that is prevented from draining into the ground because of the structures that have been placed there. Water cannot be absorbed by the ground when the ground is covered by a road, driveway, or a house and this water needs somewhere to go to prevent flooding.

The city of Provo decided that the bulk of the cost of such development needed to be borne by the property owners in the area. The city agreed to provide the hydraulic system beneath the ground in the detention basin, which they continue to maintain, while the HOA takes care of the maintenance above the ground.

We all purchased a portion of that property when we purchased the lot(s) upon which our homes sit. In addition to the detention basin, we all have part ownership of two pathways that connect different parts of the neighborhood. Property owners always pay property taxes levied on the property, as well as insurance on the property. The HOA takes on the responsibility to see that those expenses are paid by collecting dues from the members.

Below is the Provo City ordinance describing the requirement for having the detention basin.

18.03.050 Storm Water Easements

The requirements for this Section apply to all persons required to submit a plan or project that is subject to the Provo City development review process.

(1) The Developer shall provide a Storm Drainage System Maintenance Agreement for all components of the proposed private drainage system. The agreement shall include, but not be limited to, the following: storm drain piping, storm water inlet boxes, storm drain junction boxes, detention facilities, retention facilities, flow restriction devices, water quality devices, diversion structures, and screening structures.

(2) The maintenance agreement shall adequately describe the following:

(a) The party responsible for executing the maintenance agreement, i.e. homeowners associations, property owners, etc.

(4) Storm drainage system maintenance agreements shall be provided in form and substance as required by the Public Works Director, or his designee, and shall be properly recorded in the Utah County Recorder’s Office and shall constitute a covenant running with the land and shall be binding on the landowner, executors, assigns, heirs, and any other successors of interest, including any homeowners associations, as addressed in 18.03.060(2)(a).

18.03.060 Storm Drainage System Maintenance Agreements

The requirements for this Section apply to all projects proposing private storm drainage systems that are required to submit a plan that is subject to the Provo City development review process.

(1) The Developer shall provide a Storm Drainage System Maintenance Agreement for all components of the proposed private drainage system.

(2) The maintenance agreement shall adequately describe the following:

(a) The party responsible for executing the maintenance agreement, i.e. homeowners association, property owner, etc.

(b) Extent of the maintenance activities to be performed.