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Old 08-31-2010, 03:43 PM
2 posts, read 4,840 times
Reputation: 10


Hi: I have a problem....14 years ago I was the first to move on my cul de sac. My husband, an irrigation contractor put in french drains because of the slope of our property. The lot beside us will not perk so it's common area.

14 years later the new HOA Board has decided that I should take out a drain that goes 15 feet (underground) into the common which is also nothing but woods. No foot path there, nothing....they always forget to mow every spring when they change landscapers.

HOA told me to remove it and make sure it "does not adversly affect the common area", i.e., woods. We removed the drain on their side and cut the pipe at our fence, put rip rap rock and covered it up. No problem.

Now that we've had several torrential rains there is a gully on their side because there is no longer a drain there. Water floods the street, comes through my neighbors back yard into mine, flooding my pool with silt, contaminated water, etc. then out the other side.

Who's responsible for fixing their drainage problem? I can't control flood water from rushing through my back yard, it's literally a river when this happens and costs me $200 ea. time for chemicals to make the water right in my pool.

Last edited by ParalegalNC; 08-31-2010 at 04:05 PM.. Reason: spelling
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Old 08-31-2010, 04:02 PM
Location: Apple Valley Calif
7,475 posts, read 15,890,980 times
Reputation: 5426
Is this a trick question...? You're a paralegal and you're asking us a legal question...? You're in law school, go to the law library...!
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Old 08-31-2010, 07:26 PM
Location: Cary, NC
633 posts, read 2,907,891 times
Reputation: 937
You can't end your drain at the property line in a way that causes flooding or erosion problems for your neighbor. If you didn't originally have permission to install a drain on property that you don't own, then the property owner has every right to ask you to remove it. It does not matter that it's a common area or an undeveloped lot.

If water is entering your yard from the street or a common area, then take that up with the HOA or town that you live in.
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Old 09-02-2010, 08:56 AM
Location: Central Texas
17,892 posts, read 29,507,545 times
Reputation: 16238
However, if the drain did not cause a problem for anyone before (and, for that matter, even if it did), and removing it DOES cause the flooding for the street, neighbor, and OP, then the HOA, when demanding that it be removed, should have had in place and immediately implemented a plan to deal with the obvious consequences at the time that they made the demand.
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Old 09-02-2010, 11:41 AM
110 posts, read 221,166 times
Reputation: 121
First, you needn't have removed the drain. But that is a moot point.
Based on what you've described, the drainage problem is occuring on land that is not yours.
If it is HOA owned or controlled land than, its their problem.
Texas HorseLady is right- that would have been the proper way for the HOA to handle it.
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Old 09-03-2010, 03:06 AM
Location: Relaxing in Charlottesville
14,747 posts, read 15,200,795 times
Reputation: 5760
Everybody. The HOA charges fees that go into a reserve account. The HOA has to pay for the issue. But at the end of the day everybody. But if they re-wrote the rules then there is probably an Act of God clause in it now so any personal damage will not be covered.
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