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You are here: Experts > Real Estate > Real Estate by Location > Real Estate: Ohio > HOA and Water Rights
Expert: Amanda Dunaway
Date: 8/14/2008
Subject: HOA and Water Rights
Question
Hi,
Here is the scenario: 10 homeowners and a HOA (Homeowners Assoc.) of which the homeowners are members, each own a portion of a retention pond; property lines extend into the pond. Does the HOA have the right to assess the pond homeowners a portion of the cost for ongoing algae treatment of the pond without our permission?
Answer
Sorry for the delay, just returned from my honeymoon, and forgot to change this system to a vacation response.
As far as the question-
I think it would depend on what the bylaws say. Get a copy of them and see if there is anything in there. There may be a clause that the 10 homeowners will be assessed for any additional treatment needed to keep the pond in working condition. Sorry I would have to look at the doc's to tell.
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