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KennethM9 (Texas)
Posts: 3
Posted:
Need a little help.... I live in a small2 building 8 unit HOA. When the Townhome buildings were built in 2002, the common concrete sidewalk that goes between both buildings isn't pitch correctly. When ever it rains, the rain water is running off onto my property ands flooding my deck area. I want to have a drainage system installed to divert the rain water to the street instead of on my property and eventually rotting my deck. I told the whole HOA about this issue and I wanted to get three estimates from drainage companies. Well after getting all three, I emailed they out to the HOA twice. Wanting to know which company the HOA wanted to use. I haven't received a single vote on any of the bids.
In the Bylaw, it doesn't state anything about the HOA fixing this issue. But, since thew Bylaws are from 2001/2002, Im wondering if there have been some sort of new state laws that have been created to force the HOA to pay for and correct this drainage issue? Because it is an HOA common area side walk that is causing damage to my property.

Thanks in advance for any help.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well... Asking the HOA doesn't mean you get it. it's a GROUP decision amongst ALL your neighbors. So it has to be decided upon IF it's their responsibility. IF the HOA says it is, then they decide if they can afford it or table it till they can. The HOA may need to have a special assessment amongst ALL the members to pay for it.

Remember: If you ASK a HOA to pay for your repair, your asking ALL your neighbors (including yourself) to pay for it. It's NOT a "They or Them". It's "You and your neighbors". So you wanting the repair isn't necessarily going to be an immediate or agreeable to all members.

Former HOA President
KennethM9 (Texas)
Posts: 3
Posted:
The HOA spends very little on the complex on a regular basis. Insurance is about $1,000 a year and gutter cleaning is about $1,400 per year. The HOA has just over $20,000 in the bank. The average cost of the repair is right at about $5,000. So a special assessment will not be needed.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You ASSSUME this. You do not know for sure. Plus it takes time for a HOA to make a decision and evaluate the situation. You don't just submit bids and tell the HOA what to do. You submit the situation to the HOA to evaluate and let them decide what to do. It's great your bringing them bids and doing some of the work. However, ultimately it's the HOA's decision who to hire and what the scope of work they will or will not do.

Former HOA President
SueW6 (Michigan)
Posts: 814
Posted:
Did you attend a board meeting and bring your bids, plus flood pictures, and proof of damages ? ( you said you ”told the HOA)
MarkM19 (Texas)
Posts: 1,459
Posted:
Kenneth,

I am curious how much your dues are annually? I agree with Melissa that the board has to make the decision to correct this issue if in fact it is a HOA issue. It would be interesting to see if you can get a copy of the original Plat map to see how the grading was supposed to be done. I am sure that you would never drain water towards buildings. Has any settling happened that has changed this concrete slab?

You say $5000.00 is not a lot of money but divided by only 8 owners it is $625.00 per unit.
KennethM9 (Texas)
Posts: 3
Posted:
When I said I told the HOA... i meant to say that I forwarded emails to everyone in the HOA. To include the owners. And I know for a fact that the HOA only spends money every year on the two bills... insurance and gutter cleaning. Nothing else.... Because the HOA overhead is so low, our annual dues are only $1,000 per unit.
LetA (Nevada)
Posts: 2,679
Posted:
My suggestion is this. call a local building contractor and ask for an estimate for the damages to your deck, also ask for an opinion on the root cause of the deck erosion. Then send a strongly worded letter to the property manager et al cc: the BOD with a copy of your contractors estate and opinion on the root cause. That might rattle their cage enough to put a proper drainage system and property grade the sidewalk. Send your letter certified mail USPS with return receipt.
RichardP13 (California)
Posts: 3,868
Posted:
Do you have a Board of Directors or even a Management Company?

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