In July 2009 the Trexler's, at 119 Ocean Garden Lane (Lot39), refinanced their house. A survey was required by their bank. The survey revealed a 17" encroachment of their back side deck and an 11" encroachment of their front side deck onto the retention pond, Lot 38, owned by OGTOA. Their bank and title company were made aware of this issue and proceeded to refinance with no action required. OGTOA was made aware of this issue and made the decision not to require any changes since this had no impact on the community or Lot 38. St. Johns Water Management also stated that no action was required since this minor encroachment did not impede the water drainage system or impact the retention pond in anyway. OGTOA had Lot 38 surveyed by Beach Mapping in March 2012 to process documents to correct the Quit Claim Deed for Lot 38. A formal complaint was sent to the City of Cape Canaveral by an Ocean Garden residence complaining about the encroachment by the Trexler's decks. Cape Canaveral has an ongoing investigation into this situation. The root cause of the 17" encroachment error was made by the builder in 1994 when the western fence was moved 17" west to avoid cutting down a backyard palm tree. In 2006, the Trexler's were sold 10 feet of the eastern edge of Lot 38. The Trexler's purchased a new fence in June 2006, properly permitted, on the new property line, but still with a 17" encroachment. The error was still not discovered. In 2007, the side fence was replaced with the two decks, placing the edges of the decks inside the fence line. Therefore, the rear deck has a 17" encroachment and the front deck has an 11" encroachment. Solution: The retention pond has a zero dollar value from a land, property assessment, and tax value. Nothing can be built on Lot 38. The Trexler's decks add beauty to our community and do no harm in anyway or function. Therefore, we request that OGTOA help fix this situation by allowing the Trexler's to obtain two feet of the eastern edge of Lot 38.