How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Type Your Real Estate Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

What is the Ohio state laws storm water drainage systems?

Customer Question

What is the Ohio state laws for condominiums storm water drainage systems?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
We own the condo but not the property. A new sidewalk was put in early fall of last year before we bought the condo. We were not aware of drainage problems that could occur but as the winter came last year, the eaves are covered but are continually full and the water from the rain pours down all over the area along the eaves. There is a walk space between my doorway and my garage that I have to walk on and it would have as much as 2 inches of thick ice which formed a solid sheet and I could not even using icing salt to be safe walking on the area to get into my car. Then we also noticed that some of our condo neighbors had their spouts routed underground and advancing under the sidewalk to the dirt on the other side of the area and to the road. First of all can't we hold the assoc responsible for keeping the eaves clear and repair the spout drainage to go underground in our area as well?
Customer: replied 1 year ago.
There are large square drainage areas in a few places in the condo unit areas . Aren't the individual homes supposed to have drainage provided to those big units underground? How can I see the codes for the planning and zoning for this type of issue?
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You have 2 separate questions here:

  1. The building code for multi-family dwellings (this deals with both HOAs, and apartment buildings, as well as similar structures (such as some hotels). Unfortunately it is not an "easy" read, the best way to deal with these issues is to simply contact a contractor or engineer that has experience with these types of contracts (in your area) and ask them what the standards of practice are for construction with regards ***** ***** They can tell you, and usually they will be able to give you the relevant authority (either the IBC, state code, local code, or industry specific guideline - as you can see there are many different sources of that must be read together when identifying building standards).
  2. HOA duties for maintenance of common areas. This is going to be found in your governing documents (By-Laws, CC&Rs, or similar documents (the title may vary slightly)). What you are looking for is the definition of "common area" and "separate interest" and what the HOA is responsible for maintaining. This varies depending on your specific HOA, and the HOA may or may not be responsible for the sidewalk that services your garage. However, if you do find that your governing documents do put responsibility on the HOA for maintaining this walkway, and/or for removing snow from the eves, they need to do this, and if they fail to do so you have a right to sue them for breach of contract.

Related Real Estate Law Questions