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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We have an issue in our community. We have various run-off

Customer Question

We have an issue in our community. We have various run-off drains and the connecting pipes that run under individual properties and empty into the community detention pond. Several of these pipes have seperated and formed small sink holes at various points in the community. Who is responsible for paying for the repairs. Is it the homeowner or the HOA? Please help us.
Bill Linse
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Generally, the infrastructure of a community is the responsibility of the association, but you would have to look at the CC&R's or bylaws to determine whether that's the case for your particular community.

Expert:  Roger replied 1 year ago.

Depending on how long ago the drains were installed, it may be that the HOA has a claim against the contractor that installed the drains.....if they weren't properly installed.

Expert:  Roger replied 1 year ago.

If it's been within the past 8 years, this claim should be available. Here's a good link you can read: http://www.sccjc.org/assets/summary_3008.pdf

Expert:  Roger replied 1 year ago.

If that time has passed, who is responsible would depend on who owns the drains and who is responsible as outlined in the association rules.

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