Homeowners planted a rain garden to keep the yard from flooding. However, after getting approval from the city of Charleston and thinking the HOA also approved it, the association is asking them to remove the garden.
Flood-Prone Yard
Every time it rained, Craig and Jamie Bussard’s yard on Ocean Neighbors Boulevard would flood. This has happened since they moved into their home in 2015.
Water would collect on the ground during light rains, causing the ground to become muddy and soggy. Meanwhile, heavy rainfall would cause standing water that could take weeks to drain. The Bussards were always concerned about mosquitoes, especially because they had pets and young children.
Due to the flooding, the Bussards did not use that section of the yard or the side gate of their home. This affected not only them but also their adjoining neighbor. The neighbors take their garbage in and out around that area, so the flooding would cause a mess.
However, the Bussards heard about Charleston’s Rainproof Mini-Grant Program. This would provide homeowners training and a $200 grant to plant a rain garden on their property. The rain garden is a sunken garden that captures stormwater and lets it absorb into the ground in 24 hours. This would prevent flooding and runoff that could flood the streets and other people’s yards.
The Bussards applied for the grant as soon as it opened in August. They were accepted the month after and completed the training throughout September.
Fighting for the Rain Garden
The couple got a grant from the city of Charleston. They also thought they had architectural approval from the property manager and homeowners association. However, the HOA said in November that the rain garden did not get the necessary approval and demanded they remove it.
The homeowners and HOA corresponded for a few months. However, they eventually gave a deadline. The homeowners were to remove the rain garden by February 27. After giving the deadline, the HOA threatened to hire a vendor to remove the garden forcibly at the homeowners’ expense.
According to Craig Bussard, it sends the wrong message that the community does not care about the environmental concerns and benefits of flood prevention measures.
The HOA’s Initial Approval
In September, the Bussards submitted their rain garden plans to the property management company, Poston Community Management, and the HOA. It included the proposed location in the front yard and which grasses and flowering plants they would use.
The chairman of the Architectural Control Committee, Dean Monk, emailed his approval. It stated that they had to keep it according to the HOA’s CC&Rs. They would have to weed the garden and ensure it is not overgrown. However, the property manager spokesperson, Melissa Blocker, sent an email the next day contradicting the approval. They denied the application.
According to an email from Blocker, the committee researched rain gardens. They look unmaintained or unkempt and get out of control. However, the Bussards noted that the community’s guidelines encouraged experimenting with native plants. Moreover, adding plants under 36 inches in height did not need approval.
The rain garden did not include plants over 36 inches high, so they and the property manager agreed that the plants did not require additional approvals. On October 6, Blocker acknowledged this fact in writing. The Bussards began digging and planting on the weekend of October 22.
Miscommunication With the HOA
Blocker told the Bussards there was a misunderstanding a few days later. According to her, the rain garden is a new flower bed that adds to the overall footprint. Therefore, it needed HOA approval. The email included requesting the Bussards to stop all the work until they get approval. However, the garden was already done by then.
On October 30, they turned in another application to the HOA. It was denied a week later and stated the Bussards had to remove the rain garden. They needed to fill it with sod and dirt within 30 days. On the other hand, the Bussards appealed to the board, which declined the request.
Katy Calloway is a resident of Ocean Neighbors and a stormwater management specialist. She was a board member at the time of the architectural application. When the Bussards appealed, she and one other board member voted in favor of the request. However, the other three board members, including HOA president Ellen Souter, voted against it.
According to Calloway, the HOA mishandled the project from the beginning. She noted that the reason was based on aesthetics instead of stormwater management and practicality. The Bussards’ home was at the front of the community, so people could see it, and they thought the rain garden was not pretty.
The Fight Continues
Craig and Jamie Bussard have been trying to negotiate and work something out. However, the HOA has refused. The HOA attorney told the Bussards’ lawyer they have until February 27 to remove the garden. Otherwise, the HOA would get a contractor to do it at the homeowners’ expense.
According to Craig, they intended to uproot the garden on the weekend of February 23 but couldn’t bring themselves to do so. They asked for support from the community by posting on the Facebook page on February 24. It blew up instantly, and they have not had a negative response except from the HOA president.
On February 25, the Bussards hosted an information session at their property. They obtained 20 signatures on a petition within the first 30 minutes. This inspired them to try to keep the rain garden. They believe the improvements in flooding and environmental benefits are worth fighting for.
