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.
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