Appeal Summary | Appeal Letter | Back
Second Appeal Summary
PA ID# XXX-XXXXX; Bridgewater at Plantation Community Association
DSR ID# N/A; Applicant Eligibility
FEMA-1539-DR-FL; Bridgewater at Plantation Community Association;
Private Nonprofit Organization
As a result of Hurricane Charlie, (FEMA-1539-DR-FL, August 13, 2004), Bridgewater at Plantation Community Association (BPCA) submitted a Request for Public Assistance (RPA) for funding for debris removal from the private roads within its community. The State denied BPCA’s RPA because BPCA is a private property owners’ association and, therefore, is not an eligible Private Nonprofit (PNP) organization. In its first appeal, BPCA stated that its roads were covered with debris, which prevented the movement of private and emergency vehicles and provided “a haven for rodents and other vermin.” BPCA stated that the City of Plantation did not remove the debris because the roads were private and, therefore, it had incurred a cost of $16,107.50 to remove the debris to eliminate the health and safety threats. FEMA denied BPCA’s first appeal on May 9, 2005, citing FEMA Recovery Division Policy #9521.3, Private Nonprofit Facility (PNP) Eligibility
, paragraph 7.B(5)(i), which specifically defines facilities maintained by property owners’ associations, such as roads and recreational facilities, as facilities ineligible for Public Assistance. FEMA’s response also noted that debris removal from private property is generally not eligible for funding because legal responsibility for the debris removal lies with the private property owner. In its second appeal, BPCA contends that stating that debris removal from private property is “generally not eligible” implies that sometimes it is eligible. BPCA argues that the debris removal should be eligible in this case because BPCA could find no other sources of assistance, the debris removal was in the public interest, and the roads are under the City of Plantation’s jurisdiction with respect to garbage pickup, code enforcement, and zoning.
(1) Is BPCA an eligible applicant for FEMA Public Assistance?
44 CFR §206.222(b), 44 CFR §206.221(e), Recovery Division Policy #9521.3