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.