CLAYTON, DE- Concerns are rising among neighbors in Clayton over the safety of Wheatley's Pond, a once-scenic area now showing years of neglect. Residents say the homeowners' association has failed to maintain the pond, leading to overgrowth, property damage, and growing safety fears.
On Wednesday night, city leaders and neighbors held an informal town meeting to discuss ongoing concerns over the pond. Neighbors say years of neglect have taken their toll, and they say action is needed now more than ever as the problems continue to grow.
For over a decade, neighbor Evan Liberstein has admired Wheatley's Pond from his balcony, a view that first drew him to the property.
"It was very… it was beautiful. You sit on the deck, and it's very scenic. The water level was, I don't want to say much higher, but it was definitely high enough where people could take a canoe out or stand right there and fish."
Over the years, however, Liberstein says the view has deteriorated as overgrowth and untended vegetation have taken over the once-beautiful pond.
"It looks like a mess. It looks like a jungle. We want this rectified."
Liberstein says the overgrowth isn’t just an eyesore; it’s also a safety hazard.
"With all the vegetation, there's actually vegetation going through the dam. You can just stand there and look at it without being an engineer and tell, yeah, this isn't good."
During Wednesday night's informal meeting, town leaders and neighbors discussed concerns about the dam's condition and overall safety.
Christy McCloskey, a neighbor, says the dam has structural problems that could put nearby homes at risk — a concern not only for Wheatley's Pond but also for surrounding businesses and the town as a whole.
"We found out that the dam actually has some points of failure. So it's leaking, but also the banks themselves have started to collapse in because the pond was not maintained."
McCloskey says too much time has passed with no action, and as the pond's condition worsens daily, inaction could lead to serious consequences if the dam fails.
"If something like that were to happen, it's going to be a catastrophic event — loss of homes, loss of businesses, potentially loss of life."
While the homeowners' association is tasked with maintaining the pond, neighbors say no HOA board is in place and elections haven’t been held for years.
McCloskey says it’s troubling that there is no active HOA board since any problems would make residents liable.
"We're scared because if something were to actually happen, or when it happens, we're responsible. And all these years we thought the HOA had our back — and come to find out, that's not the case."
The town of Clayton recently passed Ordinance 2025-11, which requires routine maintenance and inspections of dams, spillways, and stormwater management facilities.
However, officials say there is nothing more they can do until a homeowners' association board is established.
In a statement to WBOC, Clayton Town Manager Paul Johnson says, "The most important issue is for the residents to communicate amongst themselves and determine how/when a formal HOA board can be established so we can collaborate with them on these issues. Without a board in place, there is no process for approving inspections, or needed maintenance, to the pond. We remain ready and committed to continue open communication and collaboration with the residents — and hopefully a formal board when put in place."
Neighbors say they hope for a solution soon, aiming to restore safety and return Wheatley's Pond to its former beauty.