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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38256
Experience:  17 years real estate, Realtor. Landlord 26 years
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My home owners assoc. added a sprinkler head in front of my

Customer Question

my home owners assoc. added a sprinkler head in front of my house by my front door. I had no say in this, because its on common area section. However, it is flooding out my front yard and door way. Is there anything legally I can do to have them cap it off or remove it so it doesn't damage my masonry work and make it like a swamp by my front door? I have asked them tot do so and they said its not my decision. It's up to the board, because there is a small path of grass that could die from lack of water. Thank you Joann Kraemer
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Do you own the home?
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Have you taken photos or video of the problem areas and the overflow of water that is damaging your property?
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thanks
Barrister
Customer: replied 2 years ago.
yes i own my home , no photos have bin taken
Expert:  Barrister replied 2 years ago.
Ok, if the HOA won't voluntarily remove the head or take action to prevent any flooding of your property, then you will have to take legal action to force them to do so under the doctrine of "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
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So if their actions in operating the sprinkler are damaging or preventing you from using your property, this is a private nuisance and you can sue them in court to get an injunction forcing them to abate the nuisance.
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If you didn't want to jump right to litigation, you can have a local attorney send a "cease and desist" letter to them basically threatening to sue for damages, court costs and attorney fees for private nuisance and property damage if they don't relocate the sprinkler or otherwise take action to prevent any overflow onto your property. You would probably be looking at $150-200 for the letter, but in many cases, this would be enough to "encourage" them to abate the nuisance rather than be dragged into court, have to hire an attorney to defend, and lose and be responsible for all your costs.
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thanks
Barrister