>> Matt: WITH THE AMOUNT OF RAIN WE GET HERE IN FLORIDA, RETENTION PONDS ARE VITAL.
BUT WHAT HAPPENS WHEN THE POND
GETS UNCOMFORTABLY CLOSE TO YOUR
HOUSE?
>> Lisa: IT KEEPS GROWING AND
GROWING CLOSER TO YOUR BACKYARD.
A VOLUSIA COUNTY COUPLE SAYS
IT’S HAPPENING TO THEM.
THEY BELIEVE THE CLOCK IS
TICKING BEFORE IT DAMAGES THEIR
PROPERTY.
INVESTIGATOR LOUIS BOLDEN JOINS
US NOW WITH THIS STORY.
>> Reporter: IT’S AN INTERESTING
SITUATION.
OVER THE YEARS, THE BANK OF THE
RETENTION POND HAS ERODED.
YOU CAN SEE HOW CLOSE THE HOUSE
IS TO THE WATER.
THE HOMEOWNERS ASSOCIATION AND
THE PROPERTY OWNERS BOTH AGREE
THERE’S A PROBLEM.
BUT THE QUESTION IS, WHO FOOTS
THE BILL TO FIX IT?
>> THE VIEW FROM NORMAN AND
BARBRA’S FLORIDA ROOM IS
PICTURE-PERFECT BUT THE VIEW IS
GETTING TOO CLOSE FOR COMFORT.
>> MY WIFE AND I HAVE WATCHED IT
PROGRESS.
AND THE MORE IT PROGRESSES, THE
SCARIER IT GETS.
>> Reporter: OVER THE YEARS, THE
STRIP OF LAND SEPARATING HIS
HOME FROM THIS RETENTION POND
HAS GOTTEN SMALLER AND SMALLER.
HE SAYS THE PROGRESSION HAS BEEN
SLOW BUT STEADY.
>> THIS COULD NOT HAVE BEEN HOW
IT WAS WHEN WE MOVED IN.
>> Reporter: THEY BOUGHT THE
HOME IN 2004 AND IN 2009 STARTED
SEEING CHANGES.
THIS IS HOW THE PROPERTY LOOKED
IN 2012 AND THIS IS HOW IT LOOKS
TODAY.
TAKE A LOOK AT THE EDGE.
>> WE’RE LOSING OUR PROPERTY
SLOWLY BUT SURELY.
>> Reporter: THEIR HOMEOWNERS
INSURANCE COMPANY HIRED AN
ENGINEERING FIRM TO INVESTIGATE.
THEY FOUND THE NORTH POND BANK
SOUTH OF THE RESIDENCE WAS
UNSTABLE.
THE REASON, LONG-TERM EROSION
FROM CURRENTS, TURBULENCE AND
STORM WATER RUN-OFF.
>> THIS KEEPS SUBSTANTIALLY
GETTING WORSE, DAY BY DAY.
>> THE REPORT CONFIRMED HIS
BIGGEST FEAR.
IN THE EROSION CONTINUED
ACCORDING TO THE REPORT, IT
COULD RESULT IN CATASTROPHIC
FAILURE OF THE LANAI STRUCTURAL
ELEMENT.
IN OTHER WORDS --
>> HAVING THE FLORIDA ROOM BREAK
OFF AND END UP IN THE RETENTION
POND.
>> Reporter: WHEN HE PRESENTED
THE FINDINGS TO HIS H.O.A., HE
SAYS THE H.O.A. HAD PLANTS
INSTALLED ALONG THE SHORELINE
AND ALSO BAGS FILLED WITH PINE
NEEDLES WHICH THEY HOPED WOULD
STOP THE EROSION.
BUT IT HASN’T.
>> MOST ALL THE PLANTS HAVE
WASHED OUT OR DIED.
THE PINE NEEDLE BAGS HAVE NOT
DONE ANYTHING.
>> Reporter: HE SAYS THE H.O.A.
HAS NOT AGREED TO PAY FOR A MORE
PERMANENT FIX.
>> THIS IS NOT AN UNCOMMON
OCCURRENCE.
>> Reporter: RETENTION PONDS ARE
CONSIDERED COMMUNITY PROPERTY.
SINCE THE H.O.A. OWNS THE POND,
THE H.O.A. COULD BE RESPONSIBLE
FOR FOOTING THE BILL TO STOP THE
EROSION.
>> THE H.O.A. HAS A DUTY TO
MAINTAIN THE FITNESS OF THE
RETENTION POND AREA TO PROTECT
THE ADJOINING PROPERTIES.
>> Reporter: AN ATTORNEY FOR THE
H.O.A. TOLD NEWS 6 THE H.O.A. IS
FOLLOWING THE GUIDANCE OF THE
ST. JOHNS WATER MANAGEMENT
DISTRICT.
A COMPLIANCE COORDINATOR FOR THE
DISTRICT WROTE IN A LETTER
REGARDING THE RETENTION WALL "WE
FIND NO BASIS TO REQUIRE THIS
ACTION."
HE ALSO WROTE "THE ASSOCIATION
BEARS ANY LIABILITY FOR ITS
ACTIONS OR LACK THEREOF."
>> WE CAN’T SELL.
NOBODY WOULD WANT TO BUY THE
PROBLEM HERE.
IT’S SOMETHING THAT HAS TO BE
TAKEN CARE OF.
>> Reporter: I SPOKE WITH A
PROGRAM COORDINATOR WITH ST.
JOHNS THIS MORNING.
HE SAYS THE DISTRICT IS NOT IN
THE BUSINESS OF DECIDING WHO
PAYS FOR WHAT.
THE DISTRICT SAYS IT’S WAITING
FOR THE H.O.A. AND THE PROPERTY
OWNER TO WORK IT OUT AND THE
DISTRICT WILL GRANT PERMITS FOR
ANY REPAIRS NEEDED.
WE’LL KEEP FOLLOWING THE STORY.
>> Matt: THIS AFFECTS LOTS OF
PEOPLE IN CENTRAL FLORIDA.
THE RETENTION PONDS ARE
EVERYWHERE.
WHAT ARE WE TALKING TO FIX THIS,
TO REALLY FIX IT?
>> Reporter: THE HOMEOWNER GOT A
COUPLE OF ESTIMATES.
HE SAYS THE LEAST EXPENSIVE WAS
$5,000.
SO WE’LL WAIT TO SEE WHO FOOTS
THE BILL.
WE’LL KEEP FOLLOWING THIS ONE.