Common Area Water Runoff Onto My Property (Virginia)

Hello, we sit downhill and to the side of our HOA common area. Because of common area topography and plantings (or lack thereof), all rain water runoff ends up in our neighbor's yard (which is above us and therefore eventually ends up in ours) and our yard. It is so bad we've had water infiltrate our bottom level at our sliding doors. I am a board member and the rest of the HOA agreed to examine the common area with an engineer. When the monthly meeting notes were sent out, a community member said that it is illegal to spend money on services to help one homeowner and the HOA isn't responsible unless the water is caused by a man-made structure. What are our rights? What is the HOA's responsibilities? In VA I'm pretty sure it is illegal to create a water easement onto someone else's property.

Is this a new development? How long has it been going on? Is it the result of the HOA doing something to the common area or is just the way it has always been?

Also basically our back patio is unusable bc every time it rains we get a layer of mud/silt, which we then have to clean off before use.

There are still county regulations and covenant guidelines. SHEEEEEEEZ. Also what does complaining from a renter get? Um, nothing. Shhhh.

Why would said renter decide to PURCHASE said property, or one similar ?

eg.

one rents a car
said car sputters and vibrates
one purchases said or similar car

THEN one complains how the car runs ?!

If there is a warranty, darn straight.

HOAs have a long warranty. It's called the CC&Rs.

George,

You are actually requesting MORE phlogiston ?!

The theory will only change and change again in the futile attempt to remain tenable.

Lisa,

Sorry some are not being helpful.

If Swales are not properly maintained, then water that was once diverted away from your property might now be directed toward your property. It's unfortunate, but many Associations do not think about maintaining the storm water management facilities (swales, dry ponds, rip rap, etc.). Sometimes it's due to simply not knowing about the need and other times it may be due to available funds.

I know in my Association nobody thought about the issue for 25 years. Then there wasn't money budgeted for it until 3 years ago.

If the Association isn't being helpful, you con contact the County/City who may actually do a sight visit with you. Try and gather information (videos when it's raining, videos when it's a downpour, and stills as well). This can aid everyone (even the Board) in truly understanding the situation.

Hope this helps,

Tim

Timb4 makes a good point. Where I am (which is not Virginia) and elsewhere in the United States, the plats on file with the county often have a "stormwater agreement" legally attached to the plat. Said agreement is often detailed enough to give the municipality or county authority to make things happen when storm water is not draining the way it is supposed to, due to neglect by the property owner.

See my response to your one friend about price and assessment.

Hi Tim, Thanks. Very helpful. I am in Northern VA, just not Fairfax.

Trolls everywhere online. I guess they have nothing more constructive to do. Sad.

... so, their $700,000 Mcmansion on a slope gets wet whenever it rains hard just like they knew it would BEFORE they purchased

and

they, themselves, have not installed, on their OWN property, either a swale or a ditch to divert the water

W ~ T ~ F ???

RoyalP your alright with me... Some people can't handle the truth... LOL!

Anyways, I've had to deal with this situation several times. Sent me to tears for years whenever it rained. We actually had 2 houses flood up to 2 feet of water in them! Water went all the way to the roadway. There was a run off pipe near the back yards. A ditch had been installed to divert the water. However, over the years it had washed down. The pipe was there to drain the water from the above neighborhood. When it rained it basically shot the water straight into the backyards of these 2 homes instead of diverting to a stream.

We had to work through ALOT of various hoops. The stream we had to go through the Corps of Engineers. Not sure all the details why but it was a protected branch that had to get permissions to do anything to it. We had to go to the City because our HOA was in the City. However, the pipe/neighborhood above was in the County. The owners could not get flood insurance because FEMA has to determine it to be in a flood plain. We are not in a flood plain as this was just water run off. Do you see the cluster? Better get your waders on and not for just the water...

There are 107 homes in the HOA. 2 of which were the only ones effected by this direct flooding issue. We did have other flooding situations but again ONLY during rain events. Which insurance doesn't cover. A few of the others were caused by neighbors lack of gutters, landscaping, or nature. Each situation has to be addressed individually.

How we ended up addressing the issue is by building a new berm and installing French drain system. It took a few attempts to get it right. The biggest hurdle was having the other homeowner's agree for the HOA to pay for the repair and agree it was the HOA's responsibility to fix. Otherwise, many may have viewed it as the owner's responsibility. It just so happens the HOA owns the land around the houses and you own the lot the house sits on. Plus it was a left over issue from the developer.

So I would say if this situation is as bad as you say, then you have 2 choices... Address the HOA and convince them that the flood problems members are experiencing is a HOA issue. Which then could mean a special assessment for ALL owner's to pay to address these issues. It also means agreeing to have a contractor hired by the HOA to do the work. So don't expect that contractor to be your PERSONAL contractor. The HOA has final say on what scope of work they want the contractor to do and to contact them.

The other choice is to apply for approval from the HOA to have the work done yourselves. They need to approve the plans and to make sure what you do doesn't effect your neighbors downhill. You may divert the water but will it cause more damage?

We had one flooding situation caused by the lack of gutters on a house. The HOA can't force someone to buy gutters on their home. They may suggest it but they can't purchase or put them on. So be aware there are situations like these that the HOA is just limited what it can do.

This doesn't need to be a debate on feelings. RoyalP gives advice the way they want to do it. You don't like it then don't take it. Don't see anything wrong with RoyalP expressing themselves as they see fit. Free country.

I've seen plenty of other posters on here giving really bad advice. We are not trying to be friends with the posters. Just guiding them through experience and opinion on the best route to take to help them out.

Augustin, this community was built in the 1980s. I'm curious to see if there is a water mgt doc attached to plat.

Lisa,

If y'all were 'built out' in the 60s-70s there most likely is NOT a 'water management' document.

Y'all are before the 'Clean Water Act' and are 'on your own'.

Here in South Carolina water (flooding) is legally termed 'the common enemy'.

We would be free to divert same off our property (without 'aiming' the discharge deliberately) w/o any regard for the downstream consequences.

Barring your ability to convince the HOA to address the issue you are free to (on YOUR property) install whatever ditch, swale, french drain, or other 'device' is required to divert water to flow AROUND your house following basically the same path it does now, but missing your home.

The principle would be similar to a 'U' shaped diversion trench around a tent pitched on a slope.

WATER DIVERSION

If you can convince the HOA to perform the work, fine, if not DIY.

BEST OF LUCK

Cover the sand bags with limestone chips and you will create a 'decorative berm'

ps. as you did, i purchased into a HOA - after 15 years of sweat my home is actually habitable - ain't shooting oneself in the foot fun ?!

The new so-called "action cameras", many of which are waterproof, are fairly cheap now. They're perfect for video recording of what happens during a rainstorm. You don't need the top-of-the-line brand. You can find decent waterproof models for under $100.