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CalAttorney2, Attorney
Category: FL Real Estate
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Portions of our subdivision are included in a St. John's River

Customer Question

Portions of our subdivision are included in a St. John's River Water Management District Stormwater Management System.
There is a portion of the Stormwater Management System that runs through our rear yard and the rear yard of 20 of our neighbors. We all have been having extensive water drainage issues. In order for the developer to fix the drainage issue, does a derivative action lawsuit need to be filed? or is this a St. John's River Water Management District permit construction and maintenance issue?
Submitted: 2 years ago.
Category: FL Real Estate
Expert:  CalAttorney2 replied 2 years ago.
If the drainage issue is due to the water district's maintenance of the drainage area, or inadequate design, it is their responsibility to fix it. As a homeowner you will have a direct cause of action against the water district. However, if you can get your subdivision to bring a collective claim, that may be useful in gaining a strategic advantage against them (help motivate them to fix the problem through negotiations without having to file a lawsuit), but it is not necessary.