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HOA says I must pay to protect them against a future lawsuit - CA

Started by BillB29 • 7 replies • 850 views

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BillB29 (California)
Posts: 1
Posted:
We have an agreement with our HOA to install plants on common area adjacent to our home. After moving some dirt around during the planting, it was determined that moving dirt was not approved. The dirt was replaced. Now the HOA insists that we may have created a drainage issue and we should pay $500 for a civil engineer to write a letter to state there are no drainage issues. The HOA had several civil engineers visit the site and they all agreed everything was fine. I agreed to write a letter to indemnify the HOA against any liability arising from this. Then they said if I sell, the future owner might sue them if water drained into their house. The civil engineer states that any report would be good for that day only and will not be helpful for someone in the future.
SheliaH (Indiana)
Posts: 6,964
Posted:
This is a legal issue and your best bet would be to consult an attorney - something that should have been done before you agreed to write the letter, but oh well.

Personally, I'd be leery of giving them anything - this was the common area and it seems to me planting anything should have been done by the HOA, not you. If the HOA is worried about drainage issues they should have checked for that around the time the dirt was replaced. I can understand them wanting a letter from you because you asked to plant whatever you planted in the first place, but why should that letter protect them from future liability, especially since the association had the area checked by several engineers that IT hired????

But that's just me - if you're having second thoughts about all this, don't get legal advice from the internet. It may turn out to be correct after all, but you really need to hire an attorney who's well versed in California law, not Indiana, New York or anywhere else. Good luck.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SueW6 (Michigan)
Posts: 814
Posted:
Hope you have some "before and after" pictures. They are accusing you of changing the grade of the land so that now there MAY be a drainage issue.

Geez - what did you do?

Stick to petunias . . .

DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By BillB29 on 01/29/2018 10:07 AM
We have an agreement with our HOA to install plants on common area adjacent to our home.

Is this agreement in writing? If so, does the agreement mention the civil engineering approval?
GuyM1 (Ohio)
Posts: 318
Posted:
What does it state in this agreement? They say you must pay to protect them...is that in that agreement? What liability did you take on with the agreement? They made the mistake of not having you pay a professional to install the plants. I assume your not a professional landscaper. All in all bad and stupid agreement on their part. This all hinges on what is in that agreement. IMO I think you did nothing to hold liability.
GuyM1 (Ohio)
Posts: 318
Posted:
What does it state in this agreement? They say you must pay to protect them...is that in that agreement? What liability did you take on with the agreement? They made the mistake of not having you pay a professional to install the plants. I assume your not a professional landscaper. All in all bad and stupid agreement on their part. This all hinges on what is in that agreement. IMO I think you did nothing to hold liability.
BenA2 (Texas)
Posts: 1,273
Posted:
The HOA cannot compel you to give them money without some authority. I would ask, where in the governing documents or law do they get the authority to charge you the $500. If there is no authority and they believe you are liable for the expense, their recourse is to use the legal system.

If it is not clear whether or not they have the authority, then you should probably consult an attorney.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The OP moved dirt and disturbed a swale (water run off) and he was told to correct it. The BOD wants assurances the correction will work thus they want a Civil Engineer to evaluate.

I see nothing wrong with this.

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