40 year old agreement blocking Irving HOA's path to resolution
IRVING (CBSNewsTexas.com) - You're probably already familiar with the Irving canal system that flows in and out of Las Colinas and Irving.
But some who live at the Villas of Cottonwood Creek claim their portion of the canal, is causing problems.
"The pipes that they installed are breaking and failing, so water is flowing over the top, and out of the bottom."
Roger Lowe is the president of the HOA and said when it rains, it floods. He speculateed that construction happening all across Irving downstream, is causing a mess of overflow, broken pipes and erosion upstream.
The bigger problem? The HOA is being told it's their responsibility.
We reached out to the City of Irving who claims this all began back in 1980, when a developer approached the City, and proposed to straighten out the Cottonwood Creek channel to reclaim the edges of the floodplain and make it easier to develop.
The city agreed to the proposal as long as the new design was concrete lined and designed by a civil engineer, among other things.
The developer agreed, and along with it, the city required a variance from city ordinances to make the channel a privately maintained drainage easement.
But now, more than 40 years later, residents are trying to show the city that they aren't able to uphold the agreement making the channel private, given that they feel the issues are being caused near portions of the canal that are public.
"We've had so many people out to take a look," Lowe said. "It's going on deaf ears."
CBS News Texas reached back out to the city and asked how the city made sure all those years ago that an HOA would be able to maintain their part of the channel that's private, but connected to the public.
Additionally, CBS News Texas asked if the Villas of Cottonwood Creek can't control what's built downstream, how can they control their easement?
We have yet to receive any answers.
CBS News Texas also asked Richard Pollick, an attorney with Jones Property Law about the issue.
"You have to focus on the CCR's, the conditions, covenants and restrictions. Those are the rules and regulations that an HOA has to go by," Pollick said.
So, we asked Lowe what the CCR said.
CBS News Texas does not have the entirety of the documents, but Lowe did share a photo of the CCR's he has on file, showing the HOA's responsibility to maintain a "fountain," which is no longer there.
Lowe said when he bought the property, he never knew what a headache it would become.
"I knew nothing about that canal. I barely even knew it was there when I bought the property," Lowe said.
Since Lowe couldn't find the documentation, CBS News Texas went back to the city again to ask where the paperwork was that shows the canal was made the HOA's responsibility.
After the story aired, CBS News Texas received the plat map from 1982 showing the HOA being made responsible for the maintenance of the retaining wall. Though, still questions remain.
CBS News Texas also pointed out deterioration of the wall caused by massive floods from portions of the canal that aren't theirs.
And again, we're awaiting a response.
