Water Infiltration

We are a 30 unit townhouse development in Carmel, CA. One of our 2 level units is partially built into a hillside. The bottom floor has a partial retaining wall and walk out on downhill side. 2 water pipes broke in common area, and lead to water infiltration into unit. Pipes repaired. Owner hired engineer to investigate problem and engineer has determined that the are landscaping, surface water drainage, and subterranean drainage (failed french drain) that lead to standing water behind affected unit's retaining wall, resulting in water infiltration in each instance. Also has identified failed exterior water proofing as a contributing factor. If it is determined that these problems are in the "common area", what is the responsibility of the HOA? What is the responsibility of the owner? Repairs are expected to be expensive.....excavation of exterior wall, waterproofing, french drain replacement, surface drain replacement. Any input greatly appreciated.

To expand on JanetB's response. The owner's responsibility could be to change the landscaping they installed resulting in part of the issue. If the owner put in the landscaping that contributed to the issue, the owner would be responsible for making the modifications preventing the issue. The owner can't ask the HOA to be responsible for the costs for making the changes. They may need to make a request to review the changes to make sure it will fix the issue.

Example:We had an owner who installed that plastic border for a flower bed. Which is perfectly okay. However, that now re-routed the water when it rained into the neighbor's yard. Which would cause the home to flood. It NEVER flooded before. Plus the owner of the home did NOT have gutters which was another contributing factor.

When the owner of the flooded property approached the HOA our response was to investigate the cause with the board members and owners involved. I saw the problem as the gutter and decorative border. The homeowner's and some of the board saw it as a need for a french drain system... The HOA Board voted to install a french drain system which the HOA budget paid for. It did help fix some of the issue even though there was other owner induced contributions.

The HOA would NOT have been responsible for installing the gutters on the home. Even though it was a big contributing factor. The HOA could also ask/remove the plastic boarder the homeowner installed. It would be at the homeowner's costs. The Homeowner should ask permission of the BOARD/HOA prior to installing any type of landscaping or modifications to a common area to prevent such issues in the future. Especially if it might put the HOA on the hook like it did us with the French drain system.

Thank you for your input. Owner did not alter landscaping or drainage. Landscaping, irrigation, and surface drains have been maintained by HOA. French drain has never been maintained since underground and inaccessible. The enginner thinks old french drain has silted up and in no longer functioning and has recommended excavation and replacement. The three questions I would like to pose is: Who is responsible for waterproofing exterior of basement retaining wall.....the owner, since it is the building wall?...or the HOA? In addition, who is responsible for interior water damage and mold related to the water line breaks that occurred in common area. Is it the owner since this is within the unit itself? Last, is it the HOA responsibility to replace french drain? or it is the responsibility of the owner since it is a drain meant for wall in this particular unit? Again, your input and suggestions are greatly appreciated. ML