LONGWOOD, Fla. — A Seminole County homeowners association is looking for an injunction against a resident in a private community that they say filled a drain with concrete, blocking the flow of water to a retention area.

What You Need To Know

  • The Homeowners Association of Shadow Bay in Longwood filed an injunction against a private homeowner that filled a drain with concrete, blocking the flow of water to a retention area

  • The resident, Diane Goglas, says the drainpipe was installed on their property without their permission

  • HOA leaders disagree, saying there is a drainage easement on her property

The resident, Diane Goglas, says the drainpipe was installed on their property without their permission. 

HOA leaders say the pipe in question was put in during the early 90s, and Goglas bought her home in 2012.

On Wednesday, both the HOA of Shadow Bay and Goglas were in court after residents expressed persistent frustration with flooding.

Jessica Mock, who has lived in the Shadow Bay community for several years, says in the past occasional water could build up in the road or swales, but it wouldn't be there for long. These days, she said the community has standing water for days when it rains.

“It’s been on and off flooding ever since June,” said Mock. “It only takes one to two hours of heavy rain to completely flood.”

The problem has gotten so bad that Duke Energy is working to lift a transformer that gets too close to stormwater.

Goglas owns one of 10 homes in the community that is not part of the HOA and says she warned the neighborhood she would do something if something was not done about the drainpipe.

In April, she sent a letter to residents of the HOA stating in part:

“Your homeowners association, and people in control knew about this and have failed to do anything about it to right the situation, nor has there ever been a legitimate offer to compensate me for the use of my property for passage of your water to the waters behind my property.”

The HOA is arguing that it did not have to address the drainpipe because it is located in a drainage easement.

“There is a 20-foot drainage easement,” HOA President Mark Rodriguez testified in court Wednesday. “And there’s also a 20-foot access, maintenance and construction easement.”

The injunction filed by the Shadow Bay HOA is calling for Goglas to at least implement a temporary remedy at her cost.

“Any prudent person would look at the public record and see there is a drainage easement on that property,” said attorney Barbara Stade, who is representing the homeowners association.

Goglas did not answer any questions following the Wednesday hearing, but she is expected to take the stand Thursday afternoon, according to her attorney.