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Town agrees to assume ownership of Parr Drive/Bertie Drive stormwater basin after years of HOA inaction
Summary
Developer David Combs told council a homeowners association never took responsibility for a retention pond tied to Birchwood Homes; the council voted to accept ownership and maintenance, with an HOA account balance transferred to the town to help cover cleanup.
Nashville — The Town of Nashville voted to assume ownership and maintenance of a stormwater detention basin serving the Birchwood Homes subdivision (Parr Drive/Bertie Drive) after the developer told the council the homeowners association failed to organize or take action for years.
Developer David Combs told the council the subdivision was developed in 2007 by Mako Development. No homeowners were present for multiple attempts to form an HOA or attend annual meetings, he said; the HOA collected limited funds only after lots sold years later. Combs said the developer deeded the detention-pond lot to the HOA in 2022 but the HOA has not been active.
Town staff inspected the retention pond and reported vegetation and several trees had grown up in the basin and along its sides. Public works staff said the basin is functioning and that a prior storm-sewer upgrade to Windy Oak and Laurel Springs Drive reduced local flooding; the basin still needs tree removal and cleanup.
Council approved the developer’s request that the town take responsibility for the pond and accept the HOA’s remaining balance (noted in the meeting at about $760) to offset cleanup. Staff and council directed public works to perform an initial cleanup so the town takes the property in a “clean slate” condition; council discussed that future routine maintenance could be incorporated into the town’s mowing and drainage schedules.
Council members emphasized this action is a unique circumstance tied to the subdivision’s long delay in build-out and repeated unsuccessful attempts to activate the HOA. The motion passed by voice vote.
Council asked staff to provide a scope and cost estimate for the initial cleanup and an estimate of annual maintenance hours and costs to include in upcoming budget discussions.
Quotes from the meeting: "We did create a HOA to maintain the retention pond ... but no one responded," David Combs said. Councilmember (unnamed in record) said, "I don't have any problem with us taking over the property, but I do think that before we do that, we need to be given a clean slate."
