Drainage: Who's responsible?

Started by JudyW3 • 8 replies • 4505 views

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JudyW3 (North Carolina)
Posts: 6

Posted:

I live in a lake/golf community in NC. This is an active-adult community that was started in 2003. There are currently 19 homes in this community. All of the homes in question back to the golf course. Three of the homeowners are now asking for the homeowners/Association to pay for correcting drainage problems resulting from water running off the golf course. Are the homeowners/Association responsible for this problem or should the golf course be notified of the problem. One of the homes is located in a "hole" at the bottom of a hill in a cul-de-sac. The other two are also in a cul-de-sac but not on a hill. At the time that these homes were built the developer/builder put in underground drainage pipes as well as rocks to drain the water away from the homes. Are the homeowners/HOA responsible for correcting these drainage problems?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

As with most HOa request like this, it comes down to do you all want to pay for the repairs out of your pool of money (budget) or think it is to pay individually? Remember a HOA request to pay for a repair or service is from ALL members.

I HATE drainage issues and dealt with many. I would contact the golf course to let them konw the issue. It may be hurting them as well. Their response will then help with your decision on how to handle the situation.

Former HOA President

GlenL (Ohio)
Posts: 5,491

Posted:

Judy, drainage problems are rarely easy or cheap to remedy. I would start by contacting your local Water Management District and see if they can tell you where the problem lies. Absent that the HOA will probably have to hire an engineer to give you an opinion on whether the Golf Course is at fault or if your developer is because the drains were not engineered or installed correctly.

Studies show that 5 out of 4 people have problems with fractions

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Judy

I am not nor do I play a lawyer.

I have lived in homes on golf courses in 3 different states (OH, IL, MA). I have been on homeowner and golf club BOD's. Some at the same time. I have seen the machinations of both sides including going to court.

Generally if the homes were built after the course was there or one bought a home knowing the course was there, then the homeowners are responsible. Common problem is errant shots breaking windows, damaging cars, etc.

If the course was built or severely modified after the homes were there thus causing issue to the homeowners (errant shots, drainage, etc), then the course is generally responsible.

Hope this helps.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Hate the no edit.

Judy

You did add one thing. The original builder did take some action to prevent anticipated drainage issues thus there might be recourse to the builder in that he recognized the potential problems and what he did to mediate the problem is not working.

My initial blush based on your information it is not a golf club nor a HOA's problem. The problem in between the home owner and the builder.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Depends.....

Does the HOA own the land that the homes with the issues are on? If no, the homeowners are financially responsible although they may still need HOA approvals.

Typically, in many states, the land that the water is coming from isn't responsible for anything because its mother nature and water finds its own way.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

In addition to other issues, the land the water maybe on could be official wetlands and protected by the state and feds. One would need to check with the local code enforcement / land planning office at the town or city hall.

JudyW3 (North Carolina)
Posts: 6

Posted:

The land that the homes are on is owned by the individual homeowners, not the HOA. The one home that is located below street level at the bottom of a hill in a cul-de-sac also gets run off from the street in heavy rain. I dont think given where this house is located anything absolute could be done to prevent water from running through this property. The homeowners were one of the first to build in this neighborhood so they had the opportunity to choose any lot. They chose one that was going to get run off no matter what. By the way, the builder that built their home is now out of business. The same is true for the other two homes. They are situated below street level, but not on a hill. Our development is located in the foothills of the Blue Ridge Mountains so it's quite hilly throughout the neighborhood. These two homes back to a portion of the golf course that is somewhat of a trough for water coming from a higher area.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By JudyW3 on 01/09/2014 8:04 AM
The land that the homes are on is owned by the individual homeowners, not the HOA.

Their home, their problem. Not the HOA's.

Quote:

I dont think given where this house is located anything absolute could be done to prevent water from running through this property.

Dont be so fast to play drainage expert. There are hundreds of ways to divert water. I'm sure it can be fixed..... at their expense simply by calling a professional.

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