Resource Author Francisco Rodriguez Higueras
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In addition to counties and residential developers, homeowner associations formed for the purpose of managing property and preserving property values within a subdivision also may have responsibility for correction and maintenance of storm water issues. Such obligations may arise either under the covenants adopted for the subdivision or locals ordinances. For example, Forsyth County, Georgia has adopted an Addendum to the Georgia Stormwater Management Manual which governs its engineering department's review of stormwater management facilities, practices and designs for property development. The purpose of the Addendum is to augment and clarify the state design manual as implemented in the unincorporated county. The Addendum has the force of law in the county.
There is a clause in that bill that prevents homeowners from selling their property if they don't have proper weather stripping and if their homes are not energy compliant. But if the homeowner cannot afford to upgrade, then they are not allowed to sell there home to the new buyer or the new buyer is not allowed to buy the home until things have been upgraded.
One very unfortunate thing that happens to people that own rental properties is that one of their tenants will claim that there is mold on the property and file a complaint with either a government agency and/or through a private lawyer. The lawyer has a team of friends who will come and inspect it and they will file a case with the court.
All too often the government gets in the way of private agreements and contracts in the free market, and each time they do their unintended consequences hurt the rights of citizens. Further, many homes were built, which are very old can never be fully energy compliant and therefore they will either have to be torn down or they cannot be sold.
While such local laws may make property owners and associations responsible for maintenance and correction of some storm water problems, the local laws do not erase the county's responsibility for storm water issues connected to the county's ownership of property. For example, storm water generated from county owned roads, pipes or culverts are still the county's responsibility to correct.
No county can pass an ordinance that disclaims constitutional restrictions requiring just compensation where a county action or inaction has taken property. Counties still have to correct their own problems, but ordinances permit counties to find help from other responsible parties including homeowner associations.
