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DanielK3 (Missouri)
Posts: 3
Posted:
The water in my subdivision is intended to be directed with the use of a swale toward a particular common area sewer; however, do to erosion & neglect the swale has directed runoff into my yard. We just spent $7000.00 in an attempt to cure the problem and it has helped to a certain extent. The problem persists when there is a heavy rain. In other words my yard will reasonably handle the run off from 5 yards but were having to deal with runoff from 10 homes. What are the remedies and where does the responsibility lie. Any help would;d be greatly appreciated.

Thanks so much,

Dan
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Daniel:

Welcome to HOATalk ... First question ... Is the swale located on HOA owned property? Second question ... Have you checked with your local government Planning Department to help determine who is responsible for this area? Third question ... Do your governing documents mention this area with regards to maintenance?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Get someone to fix it correctly. The contractor obviously did not.
DanielK3 (Missouri)
Posts: 3
Posted:
The swale is located on the neighbors property behind my house. I don't believe that HOA is responsible for it or maintains it in any way. I'll have to check with the government Planning Department as well as my governing documents.

Thank you for your imput.

Regards,

dan
JanetB2 (Colorado)
Posts: 4,219
Posted:
I would start with your local government Planning Department and they have engineers who might be able to review the issue and make recommendations. They also most likely may have information on who is responsible for maintaining or repairs.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I agree with Janet. It could well be a local government issue. Long story short, my in-laws had same issue. No association, no development. Initially no flooding, then after a few years flooding. They got the town to correct the problem.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This subject makes me scream, pull my hair out, and cry. It took me years not to nearly have a nervous breakdown when it rained in my HOA. It was a true nightmare. The reason? Rain is an ACT OF GOD. It is RUNOFF. The problem is that the problem is NOT considered a "Flooding" situation. If it was, then it would be determined to be in a flood plain and insurance offered as such. If you are NOT in a flood plain, then flood insurance is OPTIONAL. (Check your state laws)

If the area is COMMON area, the HOA may be responsible. That means that ALL expenses to pay for the repairs is on ALL the homeowners to pay for. So expect a special assessment to be passed to cover the costs. That is if you want the HOA to fix it. It's NOT going to be "free" for you or your neighbors if you take this approach.

Take the other advice if the area is NOT common property and owned by the HOA. Contact your county or city to address. However, get your board involved to let them know about the work to be done and the effect. They need to work with the city/county on this as well.

I'd suggest finding out if your in a flood plain or get put in one. We had some houses that were qualified because of the flooding issue. A bad ditch installed by the Corps caused the issue there. So they were able to get individual flood insurance and at a lower cost because of it. An option to consider.

Former HOA President
TimB4 (Tennessee)
Posts: 21,061
Posted:
Melissa,

Actually, it's a little different for the OP. She stated that one of the storm water management systems (a swale) has not been properly maintained. The failure to properly maintain the system could be determined as negligence and possibly in violation of Federal (EPA) or State regulations.

Daniel,

Typically storm water management systems are located on easements. It is possible that even though the actual property is your neighbors, the swale is on an easement and must be maintained by the HOA, the City, County or State (depending on local laws).

My suggestion is to get a copy of the PLAT for the development from your local zoning or property records agency. This will show if there is an easement for storm water management or not. If there is, you should then contact your local department of natural resources to determine who's responsibility it is to maintain the swale. You may be able to find out who to contact in your area from the State's Department of Natural Resources.

Hope this helps,

Tim
JohnB26 (South Carolina)
Posts: 1,569
Posted:
TimB4 has closed the book on this topic

HE IS 100% CORRECT

DanielK3 (Missouri)
Posts: 3
Posted:
Thank you all for taking the time to reply. You've been very helpful. You've given me a lot to think about and do.

Regards,

Dan

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