Another development left with big mess due to bankrupt builder who didn't set up HOA properly

Neumann Homes development.

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July 22, 2010

Who's responsible for algae-covered pond?

By JANET LUNDQUIST jlundquist@stmedianetwork.com
PLAINFIELD (IL) --

There is a retention pond in Golden Meadows subdivision that belongs to no one.

Unfortunately for the neighbors living next to it, who end up mowing around its edges, it stinks.

The pond fell into limbo when home builder Neumann Homes went bankrupt in 2007.

"We can't sit out in the backyard because if the wind blows the right way we get the bad smell off the pond," said Glenn Giampietro, who lives next to the algae-covered pond. "The ducks can't even swim through it. They're just making U-turns trying to find some water so they can get out of the water."

Pond responsibility
When the subdivision was built about 10 years ago, it was built in five phases. The first three phases were grouped into a homeowner association. The fourth and fifth phases were supposed to have their own homeowner association.
Unfortunately, the Neumann Homes attorney apparently never filed the final paperwork legally creating the association.

For years the residents paid dues into the association anyway, until it came to light in the late 1990s that the association was not legally binding.

After that, it fell apart and the residents did not accept responsibility for the pond.

Until that time, Neumann Homes was taking care of the pond. When Neumann went bankrupt, however, the pond was left in the ownership of the non-existent homeowner association.

In 2001, the Illinois Department of Transportation paid $10,000 to the Will County treasurer for a portion of the property near the pond for expansion of Route 59.

In 2003, Neumann agreed to give $20,000 to whatever entity took over maintenance of the pond, according to a letter from then-village administrator Terry Burghard to residents near the pond. But no one agreed to take responsibility for the pond, and the money wasn't given to anyone.

Maintenance
According to a village evaluation of the pond in October 2009, the pond is shallow with "stinky and stagnant water." Despite the potentially unpleasant appearance and scent, the pond is not a health hazard, the evaluation said.
Every two to four years the fish population will outgrow the pond and the biggest fish will die, which is normal, the report said.

Those types of ponds are best left alone to serve their purpose of retaining water, the report said. But they can be manicured and treated to be more pleasant, which costs more money to maintain.

Installing an aeration system would help prevent algae growth, as would treating the pond with chemicals every two to three weeks between June and September, the report said.

Next step?
Giampietro sought help from the village of Plainfield, which, as a favor to the residents, treated the pond last summer. The village gave him advice on how to clean up the pond but would not agree to take over its care.
The village, as a rule, does not accept responsibility for retention ponds, said Allen Persons, director of public works.

Instead staff members have given the residents information on how to take care of the pond themselves.

"The village has and will continue to assist these homeowners to the best of our ability within the limits of our budget," Persons said.

Tom Hayes, who is the president of the homeowner association for Golden Meadows units one, two and three, said the ponds in their area use five pumps, which cost about $350 a month.

While the pond in question is much smaller than the other ponds, Giampietro was skeptical he would be able to convince the other homeowners to chip in to take care of the pond.

He said at one point he suggested the option of taking legal action, and the neighbors who were previously willing to chip in to fix the pond backed off.

Now, he doesn't know where to turn.

"It's just disgusting. Here I thought we were really getting forward on this pond," he said.

http://www.suburbanchicagonews.com/heraldnews/news/2522526,4_1_JO22_POND...