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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118634
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Road water drainage is creating a significant erosion issue

Customer Question

Road water drainage is creating a significant erosion issue on my property. Am I the homeowner responsible for correcting the issue or is the HOA who owns the roads responsible?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Have they changed the roads to alter the flow of water onto your property to suddenly cause this erosion? Who owns the land adjacent to the road, is it common area or is it your private land?
Customer: replied 2 years ago.

property is rectangle in shape, front of property is road, left and right are neighbors property, rear is corp land to a lake. The neighborhood was built, then went bankrupt, the remaining homeowners took over the HOA, and currently the roads are owned by HOA. The drainage collect water in two larg filet boxes then drains into the lake through an easement on my property. The runn off is eroding the easement and I fear putting the reafr walk way and home in jeopardy

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.

If this is being caused by the design of the developer who went bankrupt, and the roads and drainage canals are owned by the HOA, the HOA is going to be liable for the repairs, since their property is altering the natural flow of water and causing the erosion. The problem is that with an HOA is that it means that the HOA could have to assess all of the members of the HOA for the cost of repairs, since that is where the money from the HOA comes from. However, since from your description it is the design and change caused by the HOA's property that is causing damage to your land, you will have to pursue the HOA for repairs and if they refuse to do so, you would have to sue them in court for the court to order them to make repairs.