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Old 01-31-2018, 12:27 AM
 
Location: NC
1 posts, read 367 times
Reputation: 10

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We have a cluster home development with individual houses. The development in about 29 years old. Ground is pretty much settled and has grass growing on common grounds. One house has developed moisture in the cinder block wall in the daylight basement and is wanting the HOA to do something about the water. There's no obvious water flowing towards the house. The homeower has gotten estimates about repairing the wall with a drainage system beside it and sealing the wall. The area where this would be done is "limited common area" per the covenants. Any suggestions?
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Old 01-31-2018, 04:26 AM
 
144 posts, read 91,708 times
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Unless there is a change in the neighborhood initiated by the neighborhood that is directly attributed to the house in question, it seems insane to ask the HOA for money. Hell, clogged gutters would be easier to claim based upon trees shedding leaves in HOA common areas.
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Old 02-28-2018, 12:13 PM
 
1,667 posts, read 549,655 times
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Looking up limited common area myself and saw this.

You might look up limited common area in your statutes to see what are the rights and laws about this smaller group.

Then there is the thing about the wall being effected...or not....by something going on on the limited common element, perhaps underground.

Your declaration should also have some of that in it.

Some states have a whole Act that covers lots of situations in common interest communities. CT has the CIOA. Maybe NC has one that could help you.
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