Cover image: Grinder Tank Panel (For Illustrative Purposes Only)
By Lloyd Sherman
On the Agenda for the POA Board meeting of July 19, 2023, is a motion to approve “Modification of Chapter 4, Article 1, Section 3 of Policy Guide.” The motion includes verbiage in item 2 that “The Property Owner owns and shall be responsible for ensuring proper alarming of the wastewater collection system.”
Article VI, Section 1. Water System and Sewer System of the Declarations state: It shall be the obligation of the Association to construct the water system and sewer system, and same will be part of the Common Properties.
Article I, Section I, (c)- “Common Properties” shall mean and refer to those areas so designated upon any recorded subdivision plat of The Properties and intended to be devoted to the common use and enjoyment of Owners of The Properties; and shall also mean and refer to any improvement designated by the Developer as Common Properties and intended to be devoted to the common use and enjoyment of Owners of The Properties, and shall specifically include, but not the exclusion other improvements which may hereinafter be designated as Common Properties by the Developer, the following:
Ways, roads, lanes, and paths not dedicated to the public.
Lakes,
Golf Course
Permanent Parks,
Permanent Recreational Plots,
Water System,
Sewer System.
As the alarm system is an integral part of, and a required component, of the Sewer System, the Declarations are pretty clear that any item considered a part of Common Properties and thus is to be funded through the assessments.
If the board is going to seriously consider this change to policy, the Declarations would first have to be modified, which requires a vote of members (Property Owners). If this change has been reviewed by legal, the board should include that documentation as part of this motion before a board vote is taken to modify a policy that is in conflict with the Declarations.
This concern was previously brought to the attention of the board with no response, which has resulted in this open letter to the board.
All grinder repairs should be responsibility of the POA and the new verbiage (item 2) wants to make the alarm system (according to the BOD) the responsibility of the owners of the property. This is a clear violation of the declarations as Lloyd indicated. Moreover, you can simply not have a combined and critical mechanical / hydraulic / electrical system (the sewer system), which is key to public health and safety, wherein a part of which is the responsibility of one party and the rest is the responsibility of another. It simply doesn’t make common sense and it cannot work. Whomever came up with this crazy idea should be fired.
I would be all for having an alarm installed on my sewage system if it’s going to prevent an overflow or back-up. I know nothing about such a thing so need to be educated on the system itself and cost. Maybe a talk by someone who can inform us.
Thank you, Lloyd!
Making sure the sewer system works correctly at each home is of utmost importance to this community, as that is what keeps our lakes etc clean.
That’s why it’s so important for the POA to remain responsible for maintaining this utility, and not leave it to the discretion or responsibility of the homeowner.
Thank you Lloyd for bringing this to the POA’s attention!
Is this article change for “new” grinder installations only?
As far as the alarm testing…are there electricians that the POA could say are qualified to check the system according to their checklist. Not endorsing, just saying they have experience with the system.
Wouldn’t it be good to have a diagram of the electrical box to provide the electrician? Time is money and do we need to have the electrician spend his time figuring out what is in the box?
Are these boxes UL approved? Should they have been?
There are other components in the wastewater system that can fail. Who is responsible for the level switches inside the wastewater tank that turn the pump on or off and activate the alarm system. If the high level switch fails you won’t get an alarm even though the alarm system works and tank will overflow. Who is responsible for pump failure, breaks in the line from the tank to the street. Who’s responsible for the check valves, one at the tank and one at the street.