2. Who is responsible for maintaining streets’ drainage ditches, OPA or a homeowner? The Committee does not see a conflict between the DR section 10.D requiring lot owners to maintain drainage easements and DR section 12.C in which OPA is responsible for maintenance, repair, and upkeep of drainage and slope easements. The 10.D provision intent is that lot owners cannot interfere with drainage; in 12.C OPA, is identified as responsible for maintaining drainage. It was also noted that throughout OPA drainage ditches are likely to be in the rights of way for which OPA is responsible. It was also noted that this question is beyond the scope of this Committee’s responsibility to provide further comment on the interpretation of these provisions.

Jim Trummel