petition

In our unit of 5 Townhomes the 2 end units constantly get water in the basements. In 2009 it was reported to the board and management company. An independent investigator came out and told the board that the Drain that runs in from of the homes was probably cracked and broken allowing water to seep in to the basements. One unit has standing water in the basement with mold. Management company told us to find the the problem and the HOA is not responsible for loss in the basements. we are at a standstill and wondering what our legal rights are and who is responsible for what. Thanks for your help.

Welcome to HOATalk, Karl. I'm sorry about your troubles.

Who owns the drain? You personally? Or the HOA?

What does your own insurance policy say? What does the HOA's policy say?

You have CC&Rs (aka declaration; covenants). What do they say about who's responsible for what??

Do you have the investigator's findings in writing?

re: your other post: with only 5 town homes, can't your just US mail your flyer to each? Or do you mean 5 townhouse building each containing xx units?

Karl,

The Association was unaware of the issue before you reported it. Unless you can prove (in court) that they should have known about the issue, regardless if it was reported or not, then it's considered similar to storm damage.

The Association takes care of the issue on their property and you take care of the issue on your property.

However, now that the Association is aware of the issue, if they fail to repair it, the Association would be responsible for any damages in the future caused by the issue.

Keep all letters, emails and notes on phone calls in case you need it to prove something in the future.