At the inception of our development, the developer negotiated with the DEP (Maine Department of Environmental Protection) to institute structures to drain a sealed gravel pit that tends to fill with water. The draining structure is a buried culvert that comes down a hill at the extreme end of our development between two properties, crossing under the road (Headgate road) and porting into a ditch that runs in front and past our property. This ditch and culvert are under our driveway in the right of way, but not in the bounds of our property. there is a 30+ year old galvanized culvert that serves to drain this ditch.
We live adjacent to a great pond where this drainage could threaten the ecology. We have loons and other waterfowl, fish and plant life on the pond.
In the case of our HOA, there are 13 families on mostly 2 acre plots adjacent to Muddy Pond.
Over the last 30 years, this galvanized culvert served the purpose of draining the DEP-mandated gravel pit but now it has deteriorated to the point that it will collapse very soon. Since this culvert does not appear on, nor does it provide any drainage of our property, the covenant states that maintenance would fall equally to the HOA members and not us alone.
We are looking for guidance from community members whose experience parallels or coincides with ours. This would aid us in our efforts to bring our co-hoa members around. Some members believe they can vote this issue, but we believe it is mandatory according to the DEP finding at the inception of our development which is clearly stated in our covenant and property deeds.
Thank You all in advance,
Steve Levine and Irene Mohler
Headgate Road, Damariscotta