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Who actually OWNS this pond? Therein lies your answer.

 

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Wow, this is really complex!

Living in a neighborhood that is pretty structured and controlled and having served on the board for years, I'd say that some fool-proof (fool being the cheap neighbor!) mechanism needs to be put in place to prevent this type of situation now and down the road. Since the developer built the pond and then the ass'n will be doing major maintenance, I would think that this relatively minor issue should also be their responsibility.

Possibly you and the neighbor could be assessed that cost since you actually own the property. Tied into that would be recourse if the assessment is not paid, as in legally being able to place a lien on the property for unpaid fees.

A goofy situation we had here the other year... Owner moved and rented residence. Tenant did not mow lawn and refused to, saying it wasn't his responsibility. Owner, when notified, said it was the tenant's. Now that got nowhere, until we had our ass'n lawyer notify the owner that if it was not somehow taken care of that the ass'n would have a service hired to do it and assess the owner for the cost. If the owner refused to pay, a lien would be placed on the property. We had the legal power to do that.

Best bet, with the developer at the helm now would be to discuss the situation with them, hoping that some workable, permanent and binding solution can be put down now and carried over to the ass'n.

Anyway, good luck with it!

 

*poof*

 

Think I would put up a privacy fence and build me a small pond inside there. Then just keep the grass cut around the ditch. Maybe after you dont keep it looking nice and blue he will come around and share some of the cost. I doubt it but its worth a try. or I would ask the builder to provide the chems. and you do the dosing until you have a HOA.

Hope this works out in your favor.