Tuesday, September 21, 2010

This time last week I was writing about the fill dirt that had been put in place to repair this washout. I guess what was washed out was the labor and material to do this work. What has happened is the one third acre that Richy is trying to sell has been eroded down and created a gradient that encourages water flow from our beach across his property and into the bay where the property joins the HEB property. This had not been a problem in the past because the gradient didn't exist.
The only options are to encourage Richy to improve his property and fill to a level that will not allow this erosion from our property. That likely won't happen. All that we can do is to extend the bulkhead from it present location westward to the road along our property line.
This will have to be an item for discussion or action at out owners' meeting. Some owners have mentioned that the one third acre is worth more to us than to Richy and maybe we need to buy it from him. This would preclude someone else buying it and having access to our pier that is attached to the property. I don't think that is a great idea, but maybe necessary. The maintenance cost of this piece is high and to put it back in shape to prevent erosion would also be costly. The shoreguard on the north end of the property would need to be extended to prevent the erosion into the bay at the HEB property, which is not eroded as badly as I have ever seen it. This issue is complicated by the fact that Richy serves as our HOA president and is the property owner. He must protect our interests, but that would cost him personally.
It's somewhat amusing that his failure to maintain this property has increased its value to our HOA. Maybe some other owner will come up with a remedy.

2 Comments:

Anonymous Anonymous said...

Sue Richie to maintain his property properly and send him a bill for the cost to repair due tohis lack of maintenance. He's just like any other owner who would be sued; he is not exempt due to his position...

Tuesday, September 21, 2010 at 1:06:00 PM CDT  
Blogger Greg Pejka said...

I think there is a simpler way to retrieve our fishing pier. I've all ready filed a claim with Steward Title because of this loss of common element. If you read your policy they defend against loss of common elements. Their going after who erected this pier knowing it would require an easement and enriched property not owned by either HOA. Steward Title might even have to spring for an entry way so we won't have to share without consent if an easement can't be obtained . I've also included the loss of Phase II office, linen room and any other common elements being used by a certain property management company without compensation to its owners. Let's say 20 to 40 of the owners who closed with Steward Title filed a claim for this loss I think that will be enough mussel to get things done. If Steward may have to pay out $1.00 to $.10 spent on insurance a privet entry to the Super pier might the way to go.

Good Luck Owners

Greg Unit 121

Wednesday, September 22, 2010 at 1:03:00 PM CDT  

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