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ConchoP (Texas)
Posts: 208
Posted:
We are still under developer control. The HOA is only supposed to maintain roads. We have a big dip (that everyone hates) and a homeowner who owns a construction company filled in the dip without going thru the HOA. What should the HOA do?
MarkW18
Posts: 1,290
Posted:
Thank them?
PaulJ6
Posts: 990
Posted:
Agreed. What's the issue: is the homeowner trying to bill others for his work?
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By ConchoP on 11/22/2019 10:19 PM
We are still under developer control. The HOA is only supposed to maintain roads. We have a big dip (that everyone hates) and a homeowner who owns a construction company filled in the dip without going thru the HOA. What should the HOA do?

Pray when it rains that houses by the former dip in the road don't flood.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
LetA is on the right track... Hope the change doesn't make others flood. There was a reason for that dip. It could have been for drainage, speed, or it sunk naturally. The person who did the modification is now on the hook for any damages that result in their work. Which may mean car, yard, or house repairs. Otherwise no damage/harm then may be lucky someone did something.

Former HOA President
ConchoP (Texas)
Posts: 208
Posted:
My thought is that our lawyer should send a letter telling this person that they will be liable for any damage (if it ever happened) If someone did file a suit and their lawyer learned that a homeowner did this without board consent, no plans etc...and the board did nothing, they would come after both the HOA and the homeowner that did the work. We can't for see the future.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By ConchoP on 11/23/2019 6:37 AM
My thought is that our lawyer should send a letter telling this person that they will be liable for any damage (if it ever happened) If someone did file a suit and their lawyer learned that a homeowner did this without board consent, no plans etc...and the board did nothing, they would come after both the HOA and the homeowner that did the work. We can't for see the future.

I don't think a letter would be enough to protect the HOA. Better to hire an engineer to evaluate the situation and determine if further action by the HOA is needed.

Sikubali jukumu. Read all posts at your own risk.
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By MelissaP1 on 11/23/2019 6:00 AM
LThere was a reason for that dip. It could have been for drainage, speed, or it sunk naturally.

And you know that for a fact?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I was never talking "facts". Just stating some of the possible reasons why a dip may exist in a road. Where I live we have sink holes. Hence, some roads dip "Naturally". I suspect "Jimmy Hoffa" may be buried under it causing the dip. Care to see if that is a "fact"?

Former HOA President
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By MelissaP1 on 11/23/2019 2:40 PM
I was never talking "facts". Just stating some of the possible reasons why a dip may exist in a road. Where I live we have sink holes. Hence, some roads dip "Naturally". I suspect "Jimmy Hoffa" may be buried under it causing the dip. Care to see if that is a "fact"?

Actually Jimmy Hoffa was encased in a concrete column at the Pontiac Silverdome in Pontiac, Michigan. The stadium was demolished in 2017, so I have to assume Jimmy, as they said, is dust.

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