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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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The HOA seems to be my only "Advocate" in repairing an improper

Customer Question

The HOA seems to be my only "Advocate" in repairing an improper sump pump in my basement. I was told by the plumber who installed this pump that he told the developer that the pumps should be outside the home and in the street. My pump has failed 4 times. I've incurred expenses of over $1,000 and have put my disabled wife at risk because she has no immune system. With raw sewage bacteria could cause injury and even death to my wife.
The HOA has said it is not their problem as they only manage the outside "common property". I was thought the total well-being of the community is a HOA responsibility to keep home values up. Many other home owners have had the same problem.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist. If the developer improperly/negligently designed the pump placement, etc., then you may have a claim against the developer. Also, if other HOA members also have this same problem, there may be several of you that want to band together and approach the developer about getting this issue resolved.
Expert:  Roger replied 2 years ago.
Whether the HOA would have any responsibility in this depends on what your bylaws/CC&R's say......and whether this pump issues and repair is your responsibility or that of your association.