Water drainage question

Started by AndyS4 • 8 replies • 1523 views

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AndyS4 (Connecticut)
Posts: 1

Posted:

I live in ct. We are a five home association responsible for maintaining the private road. There is severe damage to the road due to ongoing water running off of a homeowners property. The homeowner happens to be a member of the association and want the association to pay for an engineer to asses the problem. I argue that it is a private property issue and it is his responsibility Thoughts? Any laws on this?

RayC4 (Virginia)
Posts: 173

Posted:

If it is obvious that the homeowner's property is the problem, the HOA board rep(s) should ask him to fix the problem (he's affected by the degraded road too, right)? Does he really want to anger his other four neighbors?

If he refuses, then the HOA needs to have the engineering assessment at the HOA's expense (which the homeowner is also one-fifth responsible for). When the HOA has the official determination that the homeowner's property is causing the problem, he should fix it or face possible legal action on behalf of the HOA (which expense he again would share one-fifth of).

Do your CR&R's cover issues like erosion control, etc? That may simplify things if it's determined the homeowner is clearly out of compliance.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Andy,

My first question would be: Did the owner of that property do something to cause the problem or is the runoff the result of either natural topography or something caused by the builder?

If the runoff is caused by something that the owner of that lot (or a previous owner) did to cause the problem then I would put the burden on his shoulders. Any other cause would be something foreseeable and by purchasing in this development you accepted the shared responsibility of dealing with the problem.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

As a general rule, a neighbor is not liable for harm caused by the natural conditions of land. If the land lies in such a way that a particular amount of water is dumped onto your backyard every year from rain running off your next-door neighbor's property, it's not legally your neighbor's fault.

Many courts treat excessive rainwater as a "common enemy," damaging property at random. Under this theory, you were expected to take measures to protect your own property from water coursing across the land. Even if one neighbor who lived on higher ground diverted water to prevent flooding and deposited it on you, you were expected to protect yourself from the extra water.

Good luck.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Check with your County. Often there is a department who may come out and help assess storm water management issues.

In Virginia its done by county and it's the soil and water conservation district. We recently had them come out and inspect our development on erosion issues. They identified the problems, made suggestions and, where applicable, specified who to contact if it wasn't the Associations responsibility to address.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By SteveM9 on 05/21/2014 4:12 PM
As a general rule, a neighbor is not liable for harm caused by the natural conditions of land. If the land lies in such a way that a particular amount of water is dumped onto your backyard every year from rain running off your next-door neighbor's property, it's not legally your neighbor's fault.

Unless the neighbor regraded the property to direct the water toward your backyard.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Without seeing the property, I can only assume the road is downhill from the water. So no matter what the landowner does, the water will reach the road. Therefore I see it as the road owner's responsibility to protect the road. This may mean the HOA installs culverts beside the road, drainage pipes under the road, etc.

LarryB13 (Arizona)
Posts: 4,099

Posted:

What SteveM9 said above.

The real problem sounds like you have water on the road instead of next to the road or under the road. Until you fix that problem you will continue to have a road damaged by water.

PitA1
Posts: 222

Posted:

DITTO SteveM9

in SC 'water is the common enemy'

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