June 20, 2020

To: Claraboya Homeowners

Subject:  Swales

Over the past years there have been extensive discussions regarding swales which are the open concrete storm drain structures located at the front and/or back of some of the homes on the Claraboya hillside. The swales facilitate the flow of water downhill and prevent flooding as well as erosion, saturation and collapse of the hillside. The system of swales was engineered and built during the 1960s as part of the overall plan for Claraboya, and was essential for the hillside residential development.

As a reminder, the swales are part of the real property on each lot where they are located, including lots that are within the Claraboya HOA as well as some lots that are not within the Claraboya HOA. The Claraboya HOA does not own the swales or any common real property.  Repair, maintenance and clearance of the swales is the responsibility of each individual homeowner of lots with swales. Individual homeowners are also potentially liable for damage to other properties, whether downhill, uphill or adjacent, due to their failure to repair, maintain and clear their swales; i.e. any failure to keep the swales in good condition and operating as intended.       

Under no circumstances is a homeowner ever to remove, fill over, damage or cover the concrete swale on the homeowner’s property; and under no circumstances is a homeowner to ever impede or allow a blockage to divert the flow of storm water through the vital concrete swale.

Regardless of whether a Claraboya property with a swale structure is owner occupied, leased out or vacant, the property owner remains responsible for the repair, maintenance and clearance of the swale.  

Any changes to the swales on lots within the Claraboya HOA require a written Architectural  Changes Request Form to be completed and submitted to HOA Management.  The request will then be reviewed by the Architectural committee and may require engineering analysis in order to be approved or otherwise dispositioned by the Committee.

Any questions regarding swales should be directed to HOA Management.

Sincerely,

Claraboya HOA Board of Directors

P.O. Box 816

Claremont, CA 91711