Make Sure Builders and Developers Put Promises in Writing 

{sidebar id=1}I would like to publically apologize to my neighbor, who warned me over and over again to not trust the developer and builder who were applying to build the Covington Court townhomes next to our existing homes.  She kept telling me that once they got their permit to build that things were going to change; that all the promises that they (Linderand Inc., the developer and BrackenChase Home Builders) were making would not be kept.  I insisted “No, no, they are so nice and I just know they can be trusted.  They promised that if I had a problem that it would be fixed if I just mentioned it to them.” 

Well, it looks as though you were right.  First they hauled in enough dirt to build up the land adjacent to mine 4 feet, then when the run-off problems started they would ask me to be patient; that as soon as they added the sod the water would quit running through my yard.  They even hauled in dirt one time to fix my driveway but it quickly washed out again.  Now after 3 years of being patient and reporting the problem to the County and to the Department of Environmental Protection I still have water running through my yard washing out the dirt under my grass making it really rough to mow.

DEP’s findings were that “After site investigation, it appears the drainage problem began with the absence of a swale intended to convey stormwater runoff from the back of the westward residential lots into the stormwater management facility.  The Engineer of Record made recommendations to 1) Attach roof drains to discharge the roof runoff toward the street where it would then be conveyed to the stormwater pond and 2) Construct a 2-foot high berm along the property line.  Instead of following her recommendations they propped some sod up against the existing fence and said that would be enough.  When the engineer was not comfortable stating that the property was built as permitted, they retained someone else to say it was.

It seems that the only recourse I have is to file a lawsuit which I do not wish to do.  Rather than take them to court I am resolving myself to building the berm myself on my property.  This will be expensive and probably will result in water standing next to the homes next door, but that will at least protect my home.  I must add that the neighbors who moved in to Covington Court are great people and wonderful neighbors.  This problem is not their fault.  They were not informed when they were purchasing their home that there was an existing problem.

I could go on and on but the point I am trying to make is :  Readers, do not take these developers and builders at their word…get it in writing…..and to my neighbor, I was wrong and should have listened to you.

Becky Shuler
Covington Court’s Westward Neighbor 

This letter originally published on June 20, 2007.

Written by :

Becky Shuler

 

Comments (4)

At least someone paid attention!, Thanks to Hugh Taylor

July 18, 2007     

Thanks to Hugh Taylor who offered me a plausible reason that all of the fill dirt was brought in..it is cheaper than building up each individual unit with blocks. I got a very concerned letter from Jack Green, Developer with Linderand. He agreed to meet with me at the site and tried to offer an explanation that I could understand. I do not really understand all that is involved, but at least he cared enough to listen to my woes with a promise to try to find a solution to the problem (even though he feels that he is not the only one who let the ball drop). I have not heard anything from Brackenchase. Anyway, DEP and the County have offered their support and state that they will follow up on this 3 year old problem. Thanks for your support and guidance.

Becky Shuler | 76.3.13.157 report abuse vote down vote up Votes: +0

PICK ME! PICK ME! I HAVE A SOLUTION!, Boot 'em out! Wit

June 22, 2007     

Boot 'em out! With 3 new commissioners, I have a feeling there might be administration and oversight. mis-, mal-, and non-feasance Say the word, Ms. Shuler, and I'm sure there will be a lot of people to support you if you express your concern at a commission meeting.
hughtaylor | 67.72.98.45 report abuse vote down vote up Votes: +0

How very sad..., My heart goes out to you, Becky. Have y

June 22, 2007     

My heart goes out to you, Becky. Have you talked to Commissioners Green or Kessler? Perhaps they could put it on the Commissions agenda under their items. Many developers and builders(not all of them) could care less if they destroy someone elses property as long as they're building up their bank accounts. It's just another failure of our county government who refuses to enforce the law. I can promise you, if you decide to go to the Commission with this matter there will be a LOT of people there to support you. Suzanne

Suzanne M Smith | 68.35.198.65 report abuse vote down vote up Votes: +0

..., We are at the mercy of developers! Getting somethin

June 22, 2007     

We are at the mercy of developers! Getting something in writing will not protect any of us if we do not have money to hire a lawyer and get the courts to make them keep their promises. Look at what the county has done to our future sewer funds by agreeing to reimburse Boynton for the expense of installing a sewer line from Walmart to his Flowers Subdivision. His promise to do that "at no cost to the county" was in writing and was given to the county officials as well as State officials at DCA. If anyone has a solution please let it be known.

Jimmie Doyle | 207.69.140.33 report abuse vote down vote up Votes: +0

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