DEBARY, Fla. — Dangerous sidewalk depressions and cracking pavement in a DeBary neighborhood have fueled a years-long dispute between homeowners and the City of DeBary over who is responsible for fixing the damage.
Residents say the problem significantly worsened after Hurricane Milton flooded the area more than a year ago. Now, a judge has been asked to step in and settle the issue once and for all.
In the Debary Plantation neighborhood, residents can travel by golf cart just about anywhere — part of what many describe as the community’s charm.
But navigating the tree-lined streets has become increasingly difficult.
Large sections of sidewalk have cracked, sunk, and collapsed, forcing cones and barricades to block off unsafe areas.
Keith Greene has lived in the neighborhood for decades and says the damage has steadily worsened. “The multimillion-dollar fix is facing us right now. If we don’t do something soon, it’s going to be two times, five times more expensive to fix,” he said.
Failing stormwater drainage pipes running under the sidewalks are believed to be leaking, washing away soil and causing the ground above to cave in. Heavy rainfall following Hurricane Milton only accelerated the damage.
Where the two sides disagree is who is responsible — not only for the cause, but for the cost of repairs.
In a letter sent to residents, the City of DeBary says the stormwater pipes are privately owned and that the homeowner’s association failed to properly maintain them. The city argues state law prevents it from using public funds to repair private infrastructure.
The HOA disputes that claim and have filed a lawsuit against the city. The lawsuit argues that the city has historically maintained and repaired stormwater pipes in the ungated portions of the subdivision, including the area where Greene lives. It also claims previous city staff acknowledged the infrastructure was a city responsibility, a stance the HOA says changed after a new city manager took over.
The HOA also points to the stormwater fees residents pay to the city as evidence the infrastructure should be maintained publicly.
With no agreement in sight, the issue may now be decided in court.
In the meantime, the city says it will not repair the damaged sidewalks while leaking pipes continue to “undermine the repairs,” leaving hazardous areas blocked off indefinitely. “At the end of the day, I just want the problem fixed,” Greene said. “We’re going to pay for it one way or another — either through our taxes or through assessments.”
In a statement to Channel 9, the City of DeBary said a review of St. Johns River Water Management District records shows the HOA owns and is responsible for maintaining the stormwater pipes in question.
The city also clarified that the stormwater fee paid by residents funds public stormwater and emergency management systems citywide and does not apply to privately owned infrastructure within individual communities.
Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
©2025 Cox Media Group
