[SFH] [RI] sewer and drainage easement encroachments
We are a small HOA in Rhode Island consisting of 17 single family homes over two streets. The HOA owns and is responsible for private sewer force mains and recorded sewer/drainage easements.
One homeowner within the HOA received town approvals for a pool and pool house with bathroom plumbing. We later discovered the plans submitted to the town appear to have been “not to scale,” and the actual construction may encroach into both the sewer easement and setback areas. The town has since acknowledged that an updated certified survey is needed to determine the extent of any encroachments.
Separately, the homeowner also constructed a two car garage within a recorded drainage easement without approval, resulting in stop work orders from the town. According to our understanding, the first stop work order was ignored and construction activity continued, after which the town issued a second stop work order. In addition, the homeowner independently built large masonry retaining walls within portions of the sewer easement that were never approved by the town.
The town also issued a plumbing permit for the pool house bathroom before apparently confirming where the sanitary waste line would tie into the sewer system. The HOA has formally requested documentation showing the approved connection location and method, but the town still has not provided records identifying where the pool house wastewater is being discharged or connected.
Despite multiple site visits over two years, the town allegedly ignored the unpermitted masonry walls and never notified the HOA, even though the HOA is legally responsible for maintenance, access, liability, and emergency repairs for the sewer infrastructure.
Recently, the HOA contacted the masonry company that built the retaining walls to ask where the survey or layout information originated from for construction within the easement areas. According to us, the homeowner was informed of that inquiry by the masonry contractor and then called and threatened me, repeatedly swore at me, told me to “mind my own business,” and stated he was going to come to my house before deciding to call instead. Due to the nature of the call, a police report was filed.
What should an HOA realistically do in this situation?