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Landowners Associations
Landowner Associations may exist when commercial or industrial developments use common
infrastructure, such as private roads or utilities. If multiple properties drain to a
single SWM facility there may be a Landowners Association that is responsible for
inspection and maintenance.
Homeowners Associations
In the case of residential developments, the original developer often established a
Homeowners Association (HOA). When individual homeowners purchased their property,
they became members of the HOA with documents recorded at closing. If the development
has SWM facilities, in some cases the HOA became the owner and accepted maintenance
responsibility. Therefore, all homeowners jointly may be responsible. However,
responsibility for the HOA can vary, depending upon the county policy and the original
design and recordation information referenced above. In some counties, SWM facilities
in residential developments are publicly owned and some or all of the maintenance
responsibility lies with the county.
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