Winter Springs sues Tuskawilla Crossings HOA, builders for pond failure 

The City of Winter Springs is suing over the failure of a stormwater retention pond in Tuskawilla Crossings that could cost upwards of $2 million to repair.

Tuskawilla Crossings is a 133-acre development with 379 planned homes. In September of 2023, the berm, or embankment, of a stormwater retention pond had what was called an “instantaneous” collapse.

The city is now suing the developer of the neighborhood, the engineers, the construction firm and the homeowner’s association for damages because of the pond failure. 

“The City intends to fund the repairs initially, but has simultaneously filed a lawsuit,” lawyers representing the Tuskawilla Crossing Homeowner’s Association wrote in a Sept. 19 letter to members. “The city’s plan is to have the repairs completed while also seeking reimbursement from the defendants in the suit.”

The lawsuit was filed Sept. 5 in Seminole County. The city is suing for at least, $100,000 in damages for construction defects related to the pond, which was built in 2021. The actual damages, if any are ultimately awarded, would be decided by a jury.

David Hamstra, an engineer with Pegasus Consulting, had previously told commissioners he expected the repair costs to be $1.5 to $2 million. 

“I can’t comment on any ongoing litigation the city is involved in,” Winter Springs spokesman Matt Reeser said. 

You can read the lawsuit here.

If the lawsuit takes the normal path for a construction defect case, it could take until 2027 to have a jury trial. 

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The city is suing: 

• Standard Pacific Of Florida LLC and Standard Pacific Of Florida GP LLC, the developer of the project 
• Boykin Construction Inc., the builder
• B and S Engineering Consultants LLC, now known as Appian Engineering, which was the engineer on the project
• UES Professional Solutions LLC, which was the geotechnical engineer and consultant
• Tuskawilla Crossings Homeowners Association Inc.

The city is suing the homeowner’s association because, according to the lawsuit, the St. Johns River Water Management Environmental Resource Permit was transferred to the HOA. As part of that original permit, whoever owns it must do “routine maintenance of all components of the stormwater management system to remove trapped sediment and debris.”

“Investigations revealed that the Association had completely ignored its obligations under both the Declaration and SJRWMD Permit and, upon information and belief, had never performed any maintenance on the Surface Water Management System since the Environmental Resource Permit was transferred to it on Dec. 17, 2019,” the city wrote in the lawsuit. 

Winter Springs Mayor Kevin McCann said it was difficult for the city to sue a homeowner’s association. But ultimately, he said, he hopes the association’s share of any damages would be minimal. 

“It’s not a particularly good look when the city is naming the HOA as a litigant,” McCann said. “That’s a tough pill to swallow, but it’s required for us to get the money.”

The retention pond sits on the south side of State Road 434, between Eagle Wind Terrace and where the Cross Seminole Trail meets State Road 434.  The pond was designed to treat stormwater runoff so that it doesn’t pollute nearby Lake Jesup; the water now is being filtered in a nearby wetland. 

The city has not officially awarded a contract yet for the pond project, but an engineer the city hired to investigate the failure was supposed to have bid documents to the city in July. Already, Winter Springs has approved spending $180,000 on a consultant to investigate the failure, and an additional $90,000 for temporary repairs to the pond. 

Calls and emails to the defendants in the lawsuit weren’t immediately returned. None of the defendants have responded to the city’s lawsuit in writing yet. 

Ken Spalthoff, a resident in Tuskawilla Crossings, said when he read the builder’s agreement with the city, it was clear to him that the HOA was not required to do maintenance. 

He said the pond’s embankments were never made properly. 

“No matter how you slice this pie, why is the HOA being named in this lawsuit? It makes no sense,” Spalthoff said. “We mowed it and maintained it (the area around the pond).”

The pond repairs are being funded with proceeds from the Penny Sales Tax approved by voters last November. 

Abe Aboraya is a Report for America corps member.