I'm not familiar with the retention pond discussed, but I can tell you that there is liability on the part of the developer in cases of drownings if there are not signs posted or fences surrounding the water of the retention ponds closer than 50 feet from the yard of the resident. I say this because I am in the middle of a law suit for this exact reason. A tragic accident 2 yrs ago turned into a huge law suit seeking nearly $20 million. Attorney costs alone are approaching $25,000 to defend the case. Creeks and other man made bodies of water are in a completely different category. Ultimately these costs will be passed to the association.
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