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Yes, those would be shown on the plat in most states, but there is always a possibility of other wording in county records.

Be sure to check with the county to see what their records may show about conditions of approval of your subdivision. Where can the requirements for maintenance of the lake be found if not in the covenants, on the deed or the plat?Įditors Reply: This is interesting, because you have identified most of the places where a maintenance requirement could or should be found. Only easements on the property are sewer line easement.ĭoes this wording in any way place a requirement on the lake lot owners to maintain the depth of the lake? The part about outside the development is most confusing. If owners fail to do so, the HOA has the right to enter the property to correct issues at the expense of the lake lot owners. Owners of the lots which are adjacent to the lake (the lake lots) shall be required to maintain such grass, planting, or other support to prevent erosion of the embankment adjacent to the lake. A sentence in that covenant section says "Declarant and other property owners adjacent to the lake (but outside the development) have the sole and absolute right to control the water level of such lake(s) and to control the growth and irradication sic plants, fowl, reptiles, animals, fish, and fungi in and around such lake(s). The reference in the covenant defines the use of the lakes, to include fishing, swimming, water removal, etc. They impose no requirements on the lake other than outlined in the covenants. Exploration of the plats and deeds for those properties shows no reference to the pond being there for retention purposes. Recently it was decided by the HOA that the lake needed to be dredged to restore the depth. In 2007, 5 homeowners whose property fronts the smaller lake were advised that that lake had been mistakenly treated as common property for the subdivision and was in fact a private lake owned by the 5 owners. Up to 2007 the lakes were treated as common property. The HOA and Covenants were established in 1989. I live in a subdivision in Cobb County Georgia.