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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7305
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Well, I am not sure where to start but we are having some

Customer Question

Well, I am not sure where to start but we are having some issues with our HOA concerning the maintenance of property beyond our back fence. That property has been maintain by HOA for many years but they do not want to continue because they claim that should not be there responsibility. Also, that property is actually a ditch. If I am not mistaken the city need to get that area because it serves as drainage. Residents in this area are somewhat in a bind because access to back is limited and since it has not been maintained by HOA well it is overgrown. What can we do about this? City came by also stating we would be fined if we do not act accordingly to clean up back there.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: What type of paperwork?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well, if there is anything we can do to get details on what our HOA fees go to. We have not been able to get detailed info on what our fees cover.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 month ago.

Good morning. I'm sorry to hear that you are in this dilemma. The first thing you have to do is determine who owns the drainage ditch property. If it is part of the legal description of your property, then you are responsible for keeping it cleared out. If your association owns common area property, then it is their responsibility. That appears to be the case since they have maintained that in prior years, and if so, you will have to take the association to court to force them to act. The last thing you want is for the city to have to do it and attach liens for the cost to your property. That is, if it is in fact your property.

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