Is HOA responsible for damage to home caused by poor drainage in common area?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is HOA responsible for damage to home caused by poor drainage in common area?

We live in a townhouse, 5 homes in the row. We also live on a hill and every time it rains our backyard floods, 4-6 inches standing water. The majority of the water is coming off the hill which is maintained by the HOA, it is common area. Well this water found its way into our home, caused $5,000 worth of damage. I want the HOA to install french drain at base of hill. Is this a reasonable request since the hill is the problem and it is common area. FYI, all the homes in the row have standing water when it rains. The HOA wants to pick up only 25% of the cost .

Asked on June 19, 2012 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, the developer and contractor for your developement would be primarily responsible for the costs of repair for the water damage that you have written about assuming the claim would not be barred by your state's statute of limitations.

After that, assuming the problem lies with a common area issue, the HOA would be responsible for the repairs through its insurance policy assuming there is coverage. If not, then the HOA is on the hook.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption