I am the sole owner of deeded fee simple lot with a dwelling on it in a HOA
community. The covenant's are written in such a way(1977), that a common area exsists within the boundaries of my lot, and I only own 10 ft from the dwelling even though the plat
plot and tax records show I own the lot. The covenants also claim that the Association
can appoint certain lot owners easement
to modify the common. area. The HOA also owns fee simple deeded lot...The HOA gone ahead a built an unsightly seepage pit and rock trench without my permission or co -ordination. The rock trench was supposed to abate drainage
, but the convenants specifically state, drainage easements expired. Prior to the rock trench/seepage pit was built, the HOA had an open pipe with collected drain water flow onto my property. The results was a flooded basement, and I put up sandbags to stop the water intrusion. Subsequently, the HOA removed the sandbags and created an unsightly seepage pit and rock drain on the area they deemed common within my property line and without my permission.. To add insult to injury, they built a 6 ft seepage pit 2 ft from my deck in a known sinkhole zone, severed my internet connects and the wick drain does not water pooling My attorney is only suing for a tort costs to restore the land, and expects me to get quotes to fix it. The HOA did it, they are responsible to fix it. I do not wish to be involved in the restoration process, since if the restoration project does not work, my adjoining neighbors
can sue me.
JA: Because real estate
law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania - Also the way the covenents are written, they have declared 2/3 of my land common area, and as owner of the lot, I am liable if anyone gets huirt as a result of the HOA negligence.
JA: Have you talked to a lawyer yet?
Customer: yes - after much costs we finally got the HOA lawyers to answer interrogatives. He found their defense was that they did not my permission on common land. But HOA continues to create a dangerous living environment. When they completed the project, the left severed wires expose, laid compaction tools on my deck, I am wondering what damages
I can claim,
JA: What advice did they give you? Anything else you think the lawyer should know?
Customer: He wants My plan is to file a Motion for Summary Judgment as to liability for intentional or negligent trespass, based upon the admissions in these discovery responses, and then ask for a hearing on your financial damages. I want to void the HOA's claim on my land, by asking for continuous trespass and ejective injunction based upon the dangerous conditions they have put me in. Like gray water flow from adjacent building, digging a pit in a sinkhole zone, leaving exposed wires, damage to my personal property.