Seminole officials say there is little they can do to resolve the nightmare because the streets and stormwater infrastructure in Shadowbay are owned by the community and are not public property.
this post was submitted on 05 Aug 2024
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What a load of crock. There are laws regarding diverting water onto neighbors lands pretty much everywhere in the country. You can’t just put a dam up and force a river onto a neighbors property, even if the dam is on yours entirely. The same literally applies for any water. Officials can do something, they just choose not to.
I suggest reading the article.
I did read the article. Before commenting even. It’s a load of crock. Their lawyers are terrible.
I kinda want to know the details on this one before I make any judgement because my dad was in a similar situation a while back. A new subdivision went up around his property and they installed stormdrains. The subdivision owner asked if they could run the drains through my dads property which he had no issue with. Instead they decided to have the drains empty in the ditch surrounding his property meaning he now has a mosquito breeding moat around most of his property year round.
Now my dad didn't go plug the storm drains, he just copes, complains, made life as dificult as possible for that subdivision owner from then on, and eventually threw a party when they went bankrupt. But I wouldn't be surprised if this news story is just another subdivision owner deciding to fuck somebody except that somebody decided to do something about it.
Yeah he fucked up. There should be a drainage plan for the build.
If a drainage plan isn't required for the build in your area, he should have asked for it before agreeing.
In my area, any new structure with a foundation has a drainage plan page or grading marked on the drawings submitted for permit.
Every single person in that neighborhood should get their dogs to piss and shit in her yard every day until she agrees to unblock that pipe. She put out flyers that basically said she didn't care if every home in the neighborhood floods so I have zero sympathy for her
No they shouldn't. It seems she's mostly in her right. There doesn't seem to be an easement, which would mean the pipe on her land is hers. It sounds like the problem had been going on for a long time, and she decided to fix it.
And, in typical Florida/conservative style, they didn't want government involvement until they had a problem that needed fixing. Which I find doubly hilarious.
The community should be angry at themselves and their leadership
For years, she has claimed the 110-foot pipe — which runs along a 20-foot easement between her home and the adjacent house — has eroded her yard
Sounds like it is on an easement and she's just claiming it's not, either way, doesn't give her the right to damage other's homes. Especially since they have nothing to do with infrastructure decisions.
But there's a manhole cover in her yard, which is what she filled and doesn't seem to be part of that easement. I doubt she will win in the end, and I hope she doesn't, but I have a feeling that everyone in the neighborhood and the county officials have all talked to lawyers and if it were easy to say she did this illegally, it would have been said.
She fixed a minor inconvenience for herself by creating a massive problem for the entire neighborhood. Now she has endangered everyone's property and their safety. It doesn't really matter if she's technically "in the right" if every home around her is destroyed in a flood because of her actions.
The community should be angry at themselves and their leadership
I think the article fairly clearly states that she appears to be in the wrong, but this is a civil matter and the courts are acting slowly.
In June, the Shadowbay Club Homeowners’ Association filed a lawsuit asking a circuit court judge to order Diane Goglas to either immediately remove the concrete from the drainage pipe or replace it with a new pipe. As of Wednesday, Judge Donna Goerner had not yet scheduled a hearing on the request.
An HOA can't just have the cops sent in without a court order.
What "leadership" karen hoa?
It doesn’t matter if the pipe is hers. You cannot divert water onto a neighbors property in that manner. This is standard law across the US.
https://www.findlaw.com/realestate/neighbors/water-damage-and-neighbor-disputes.html
I don't follow. Couldn't you also claim the opposite as well? That neighbors are diverting water to her property?
Edit: Nevermind. I read the article and yeah, the neighbors may have a case. But I'd like to know the full story.
She doesn't even claim the pipe is in her yard. She says that it's causing erosion on her property.
If there's "nothing they can do" it sounds like they installed everything without proper easements.
