Is HOA responsible for damage to home caused by poor drainage in common area?
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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 11 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.
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