When HOA board is aware of bad drainage

HOA board has been aware of an improper drainage channel in the common area behind my unit for several years. A large crack in stops rain water drainage to street. It allows all rain water to run down V ditch crack and under my patio.

An email from several years ago stated they were going to fix it. They applied some sort of apoxy or something. Crack is still there. This rain water has been sustaining the roots of a couple of oak trees and damaging my patio.

Question: Would an HOA be responsible for continued root growth and patio damage, since they have acknowledged crack and the need to correct drainage?

Thank you.

That seems like a legal question to me and you may have to pay for an opinion. If the letter says the HOA is responsible, but they did not solve the problem and you did not push for it, the letter may not do you much good. It does sound like the HOA has been negligent concerning this defect.

Is your patio exclusive use common area? Common area? Your own separate interest?

Thank you. This common area V ditch is supposed to let water from common slope drain away from my unit. Mine is the only one with this type of ditch, to my knowledge.

Thanks.

Same issue, same question asked differently.

See earlier thread:

Subject: Tree roots & dirt pushing on my condo