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BRIGHTON, Colo. — It was their dream home with a view of the pond. A young family relocated from California to a brand new home in Brighton. But they're ready to pull the plug because of constant issues from a nearby retention pond.
Danielle Weaver and her husband moved into The Preserve, part of the Meritage Homes Community, about two years ago. They were even able to purchase the lot next door and build a home for grandma.
"That was something we were interested in because we wanted my mother to be close to her kids," said Weaver.
Those were the selling points for the Weavers when they decided to move into The Preserve.
They thought what they had established in Brighton was going to be permanent, until that pond became a real problem and started flooding.
The City of Brighton recently had to close a road because of the flooding issue. The water had nowhere to go except under the Weaver's homes. They told Contact7, that’s when they realized the pond was really a retention basin.
"My husband said that's a retention basin. Why is there fish in there?" asked Weaver.
Four months in their brand new home, they said sinkholes formed in the front and back yards; the foundation started to crack; their deck started to sink, and the front porch and doorway started to slant.
"This entire side of the cul-de-sac shouldn't even be here without that drainage in place,” said Weaver.
The solution to the flooding and saturation in the subdivision has been complicated because neither the city nor the builder is taking responsibility, according to Weaver. The Preserve at Brighton Homeowners Association has hired an attorney and has filed suit against the Meritage Homes Community.
In an unofficial copy of the “The Preserve” agreement between the City of Brighton and the developer, provided to Contact7, there is a clause that lists the building of retention facilities. In the complaint provided to Denver7, the HOA cites Meritage Home of Colorado’s failure to build storm drainage, failure to disclose construction defects and breach of implied warranty among other reasons to take legal action.
Monday, the City of Brighton told Contact7, they’re not involved because the HOA owns the ponds. In the meantime, the Weavers have to keep their children from playing outside. They want to warn others.
"Everybody wants to buy a home here. They’re in a such a hurry because it’s new they assume its reliable," said Weaver.