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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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My property owners association paved a road behind my

Customer Question

My property owners association paved a road behind my property without any type of site engineering being performed prior to work being performed. The contractors performing the work, installed a water crossing so storm water would cross this road due to the grade of the property going downhill and instead of putting a catch basin and pipe for the storm water control and taking this water in a controlled direction, they have just let the water go across my property my this road. The storm water does quite a lot of damage to my property every time it rains. Damage consist of my front yard and the adjoining lot that I own. Before this work was performed the water would sheet across the property without channeling. Now it channels across my front yard.
I have attended 4 separate board meetings in the last 6 month to request that this issue be corrected as well as sending the board a certified letter to the board president.
The board has told me two times they were going to deal with this issue, but to date nothing has happened and my request are being ignored. The board has sent people out to look at this problem at the beginning and all agreed that this is a issue that was created by the paving the road. To date I have spent approx 2 thousand dollars to protect my house and barn from this problem. I have numerous videos and pictures to document what as happened since this road has been paved.
Do I need to proceed with an civil suite to correct this issue since the property owners board seems to refuses to do anything about it. And do the Property Owners laws in the state of Texas protect me in a situation as described above? This property in Riverside Texas, Walker County
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 11 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes. You are well within your rights to sue the Association as well as the contractors that performed the work. This would be your typical negligence civil lawsuit against the contractor as well as the Association. You may even be able to include other potential causes of action against the Association such as a breach of contract or breach of fiduciary duty if they breached the bylaws of the Association.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.