Local News

Homeowner Claims Association Responsible For Flooded Pond

Posted August 25, 2006 5:54 a.m. EDT

— A pond is supposed to add beauty to a neighborhood. However, Michael Hudson said the one next to his home has caused big problems.

"The pond level rose when we had the tropical depression and came out over here and onto our property," said Hudson.

Hudson snapped digital pictures after the heavy rainstorm in June, showing his flooded yard. He said the water ruined a large section of his lawn, stopped just short of his home, and surrounded his well.

"We're lucky we didn't have any damage to the well," he said.

Hudson said the drain in the pond was not properly maintained, which triggered the flooding. He recently spent several days and several thousand dollars building a burm to protect his home.

"We had to do it because it's hurricane season, there are a lot of tropical storms out there, and if we do get hit with a hurricane this could happen again," he said.

Hudson blamed the Cedar Ridge Homeowner's Association for not taking action. He pointed to the association's protective covenants that state the association will provide maintenance, replacement and repairs to all common areas.

Hudson said he's asked the board several times to reimburse him for damage and fix the pond.

"They told me they just don't have the money to deal with this," he said. "The homeowner's association failed to maintain that drain as part of their contractual obligations."

The homeowner's association president told WRAL by phone that the board is aware of Hudson's concerns. He said the association has asked state environmental experts to check the pond and make recommendations.

Hudson said he hopes the issue is cleared up before the next big storm.

A state Department of Environment and Natural Resources official checked the pond late Friday afternoon. The president of the homeowner's association declined to comment on the visit until the entire board meets to discuss it.