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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I own and reside in a townhouse. When it rains really hard,

Customer Question

I own and reside in a townhouse. When it rains really hard, water seeps into my home and damages my flooring and sometimes other things. I've had water in my home 6 times. I've reported it to the president (and past president) of the Association. After the last time, I finally received a response in a newsletter, saying that I should obtain flood insurance, that I am responsible for coverage in the event of flooding. If there were adequate drainage in the common area, the water would not have come in my home.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I am sorry to hear that you find yourself in this situation. How can I help, what is your question?
Customer: replied 2 years ago.

I have already submitted my question. See your screen. I do not plan to re-type it. If you cannot answer the question, let me know immediately, and I will stop the payment on my account.

Expert:  Dimitry Esquire replied 2 years ago.
Sir, You posted a set of information, specifically pertaining to flooding. But there is no actual question. What are you seeking to know?
Customer: replied 2 years ago.

Isn't a homeowners association responsible for matters in the common elements?

Expert:  Dimitry Esquire replied 2 years ago.
That very much depends on your own bylaws and your own CC&Rs. Some elements are indeed part of the homeowner's association and their scope of responsibility. But if the water is in your flooring and in your basement, that is not a common area (even if the flooding is due in part from the common area defects). That becomes your responsibility, and if you are aware of the defects and did not invest into a sump pump or purchase flood insurance, it becomes your liability as well. In your case I strongly urge you to review the specific language of where the HOA's obligation ends and yours begins. Some common areas if shared between two or more specific members (such as walls or partitions) may be seen as joint liability for both members and not the HOA as a whole. Sincerely, ***** *****

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