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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6422
Experience:  20 years professional experience
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I purchase a home in retirement with HOA. I live in a

Customer Question

I purchase a home in retirement with HOA. I live in a cul-de-sac and the drainage channel
runs between my neighbor and my home. The first rainfall the rain flow came from approximate a mile of road. And within minutes had a river of water coming down the
the street, after another 30 minutes the drainage(City of Mesa) began to back up. When water was half way up my driveway I had to do something. Not know what I'd find on
other side of HOA wall I drove around. What I found was a lake forming that covered the
equivalent of a three lane street. Then I found were my channel came through fence there
Was a grate that was clogged cause water to back up on both side. I unclogged with a long rack and stop water from raising any higher.
Next day talked to HOA office and found a bad attitude, they claimed it not to be their responsibility. I left frustrated. I when to City of Mesa and wasn't satisfied with their answer either. I sent e-mail to Mayors office and he was able to get City of Mesa out
the next day. What they did was clean out their drainage channel and grates(Aprox 1 mile long). After they were finished I could easily see that was not a permanent fix.
During next 7 years I had same problem every time we had a rain that would and grates got clogged.
September 2016 was the time when it happened so fast we could not react, water came into my neighbors and my home. The last time City of Mesa came out and cleaned their channel again. They admitted to an engineering problem & told me before they could do
anything they had to applying funding and that it could take a year. Final funding was
approved then they say that because there is six projects ahead of us that had a higher
priority that we had to wait.
In 2010 a homeowner on our street went to board meeting and he was so unhappy
with the way they addressed the problem he put his home up for sale and no longer live here. After Sept the neighbor they home had some water damage also, they put their
home up for sale and they are no longer.
Although I'm very unhappy with City of Mesa(they did something, I'm more so with HOA
because they reacted to slow.
There's been at least one or two changes in HOA personnel. And seems as through their not keeping records of Flood or Drainage issues. The homes are being sold without disclosure by seller or real estate agent. The same real estate agent has been involved in selling all homes mentioned including mine. Second generation realtor that live in our community. I had to go through FEMA to get flood insurance.
I disparately need a good attorney,
Can any body help,
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your question. I will be the professional that will be assisting you. Is this Mesa Arizona?

Expert:  Attyadvisor replied 1 year ago.

If the responsible party is the city they would be the party you have a claim against. If the HOA is correct that this is not their responsibility it still seems to impacting the community. The HOA should have proper insurance coverage and should be demanding that the city cover any costs a" They admitted to an engineering problem & told me before they could do anything they had to applying funding and that it could take a year." You need a land use attorney to go after both. I am still trying to ascertain if this is an Arizona question.

Expert:  Attyadvisor replied 1 year ago.

Are you online with me?

Expert:  Maverick replied 1 year ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

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