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In addition to counties and residential developers, homeowner associations formed for the purpose of managing property and preserving property values within a subdivision also may have responsibility for correction and maintenance of storm water issues. Such obligations may arise either under the covenants adopted for the subdivision or locals ordinances. For example, Forsyth County, Georgia has adopted an Addendum to the Georgia Stormwater Management Manual which governs its engineering department's review of stormwater management facilities, practices and designs for property development. The purpose of the Addendum is to augment and clarify the state design manual as implemented in the unincorporated county. The Addendum has the force of law in the county.
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The Forsyth County law provides that for "where stormwater management facilities exist, the maintenance is the responsibility of the owner or operator of the property." The ordinance further states that it shall be the responsibility of the owner or operator to repair deficiencies in a timely manner.
The county's laws further provide that when a subdivision has a legally created property or homeowners association, "the association will be responsible for maintenance of all drainage easements and all stormwater facilities within the entire developmentâ
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