Ongoing problems with the retention pond on the Village Homes property may force village officials to take default action against the developer, the home builder and current owners of units in the Planned Unit Development at M-24/Converse Street.
Lake Orion Village Council members are considering going to court because the pond has not been maintained according to what was required in the condominium subdivision’s master plan.
According to LO Village Manager JoAnn Van Tassel, damage has also been done to the surface of the nearby Paint Creek Trail.
They’re asking that the surface be restored to the condition that previously existed (new crushed, compacted and rolled limestone and removal of soil, clay and other materials).
The village contends that a storm water drain has been damaged and needs to be repaired and inspection fees owed by Village Homes could total close to $8,000.
A public hearing regarding the default notice took place during the March 28 council meeting. Neither the original developer of Village Homes (Sam Yaldo) and the home builder (Gallo Homes) came to the meeting.
Several homeowners showed up and weren’t too happy that they may be charged for any of the repair work and fees.
‘It’s not our responsibility. We’re not involved. The city (village) waited too long,? Robert Reighard said.
According to Van Tassel, in September 2003 Yaldo and Gallo Homes were both notified of the drainage problems at the site and indicated they would be taken care of.
Homeowner Harold Keas felt the village should have made the developer do all the work he was supposed to do before any homes were constructed.
Donna Reighard agreed. ‘It should never have gotten to this point. You are the ones to blame (the council). The problems should have been fixed before the houses were built.?
Robert Reighard told council members there’s one vacant house left in the subdivision that hasn’t been sold and the village should put a lien on it to get the money needed for the repairs
According to the master plan, the developer and the subdivision’s association are responsible for maintaining the common area.
The homeowners said, as far as they know, there isn’t an association, no meetings have taken place.
‘This (default notice) is for work not completed. It has nothing to do with maintenance,? Ryan Jones said.
‘I don’t believe we will be involving you; we’re going after the developer,? councilman Douglas Dendel said.
Council president Bill Siver believes the residents have a legitimate complaint.
Village attorney Gary Dovre suggested postponing any decision on the default action and the council agreed.
‘I’m willing to wait until Dovre comes back with more information,? Siver said.