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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am interested in buying a house on the central Oregon

Customer Question

I am interested in buying a house on the central Oregon coast near Florence that sits on a bluff directly above the beach.A nearby creek called Sutton Creek has migrated south over the last 10 years causing erosion problems on forest service land that is directly in contact with this property.The homeowners association got a permit from USFS to do some revetment work that was completed in 2013.The cost was @140,000. dollars.There has been some minor subsequent damage and the association is suing the contractor for not completing the job in accordance with the approved design plan.The house is not in imminent danger now as it is about 40 feet down the bank to the problem but serious winter storms on that coast can really be wild and could take out 10-15 feet just in one storm if the revetment fails..
So here is my question:If I go ahead and buy this property and at some point my house is in danger of falling into the ocean can I hold the association liable?I have not seen their insurance policy yet but will be asking for a copy if I make an offer.I have already reviewed the 10 year permit that expires in 2023 and they pay 105. dollars to USFS on an annual basis.
I would appreciate an answer from a land use attorney who specializes in these kinds of problems.
Thank You.
Bill XXXXXXXX in Bend,Oregon
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 years ago.

Welcome and thank you for your question. Are you looking for a particular attorney on the site?

Customer: replied 2 years ago.
I was under the impression that Tina was familiar with real estate law but I sent my question in 3 days ago with no response.Your company seems VERY disorganized.I paid the 5 dollar deposit,actually I think I may have paid it twice due to your problems, and was expecting some kind of a reply to my question.And now you ask me if I want a particular lawyer.I don't know any of your lawyers but any qualified lawyer is fine.It seems like a very simple question but maybe you can't handle a basic question.Why don't you just tell me if that is the case and I will do something else.
Expert:  Attyadvisor replied 2 years ago.

I see you thought you were working with Tina. An attorney was working with you however it appears that you did not respond and the attorney opted out of your question. I received an email from the site asking me if I could assist you. I apologize for any misunderstanding; I was not involved when the other attorney picked up your question on August 1, 2015. I will let the side know that you believed you were dealing with Tina and that she is a land use expert. Thank you for the clarification.

If you have been charged improperly please contact customer service and it will be there pleasure to assist you. 1.***-***-****

Expert:  Seattle Scott replied 2 years ago.

The association has no obligation to prevent erosion to the common areas from naturally flowing water outside the common areas. The association would only be liable if it diverted or concentrated the water flow within the common areas causing erosion to non-common areas/houses. The HOA insurance policy will exclude coverage for damages caused by earth movement - no insurance policy I have seen covers earth movement.

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