Flooding issues after sewer work.

Not long ago the county sewer department came out and replaced a section of our sewers that is located behind several of our condo units. As part of the process they removed a row of 30 foot Holly bushes and regraded the ground surrounding the section of sewer that was worked on. After the work was completed several residents reported flooding issues that resulted in water filling their crawl spaces. In addition, one resident is now having water enter their addition that was built on top of an existing patio. The addition has been there for years with no prior problems. These problems occur when there is more than 1-2 inches of rain. We have repeatedly complained to the sewer authority but their position is that the work was completed to their satisfaction and that they are not responsible for any current issues. We were advised by our HOA management company that it would be too expensive to litigate this issue in court. Obviously the residents want this problem fixed. The board I serve on has been reluctant to address the issue and spend the money needed to fix this problem. Cost is an issue and there are also several members that don't see this as a problem that we are obligated to fix. I question this and have raised my concerns. I am very concerned that this will come back haunt us if one of the residents takes legal action. I have posted two sections from our Declaration documents below. It is my opinion that this issue should be considered maintenance or repair and is covered under the sections below. Any thoughts? Are their any laws that govern what the HOA's responsibilities are for water/drainage issues? I'm in S.C.

On page 13 under section IX, item number 4, of the document "Declaration - Condo Association" it states:

"The maintenance, operation, and groundskeeping service of the common areas, limited common areas and facilities shall be the responsibility and the expense of the Association except for the items listed in Paragraph VIII, G, I, which shall be the responsibility of the unit owner."

On page 21 under the section XIV item number A1 entitled "Repair Reconstruction or rebuilding" it states:

"A. The association will determine whether or not any part of the property in the condominium which is damaged or destroyed shall be repaired, reconstructed or rebuilt, in the following manner:

1. Damage to common areas and facilities will be repaired, reconstructed or rebuilt unless otherwise unanimously agreed by co-owners"

I would get the opinion of a civil engineer that has expertise on drainage and water runoff. Could be an easy fix or an expensive fix. See what a professional has to say.

Have everyone sign a letter to the Board (hand deliver if possible).

The letter should state that since the Association is unwilling to fight the issue through the courts, the members expect the Association to mitigate the storm water.

If this doesn't work, gather the neighbors together and have an attorney write a similar letter on your behalf (hopefully, it doesn't go that far).

OP,

good luck

move now

before you are flooded out by the next REAL storm

or

stay and fight forever

BUY FLOOD INSURANCE NOW if you decide to stay

John B.

That's a really good question and I will find out. I agree that not addressing the issue now could lead to long term costs such as foundation damage. I've got a couple of weeks until the next meeting. Thanks to all the responses I've gotten I'll be better prepared to address this issue when we meet.