Responsibility HOA

Started by KarlW • 11 replies • 1726 views

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KarlW (Mississippi)
Posts: 3

Posted:

Yes, I am new to this - as CEO of the BOD I find questions, Creekwood West in Southaven, MS
#1. What is the difference of responsibility between the HOA and the Home Owner?
There is a concern by one of the 52 home owners due to flooding in his back yard, and feels the HOA needs to pay for this, which has some of the Home Owners up in arms. We have told him that any problem in homes owners boundary is the home owners, there is a common area behind the fence that the HOA contracts for mowing, which we have requested from the city planner to see what can be done, but no answer. I am seeking a local contractor for his opinion and solution. My comment to the Home Owner was if the fence around has to be taken down, it would be his responsibility to rebuild. I had a flooding problem that I corrected on my own. This is my home and I want to protect it. (also have flood insurance)
I am right or do I need to work on a better solution??

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Hi Karl,
I can tell you this. If you advised your neighbor and set your situation up as an example and what you did was not covered by your documents you may have to eat some crow. Check any state laws or local or county laws to see what is there. Go back through your documents to see if it has been addresses in your minutes. I would be ver surprised if you will find anything that make the association responsible for an owners property so check you documents for Noard and Owner responsibility.

If you have a State Statute, a Masterdeed and declaration and by= laws it should be addressed because there may be circumstances the Association could be responible for water damage. If this is a new problem, look to see if you can see wht it changed, if an old problem see if it happened in the past. You are trying to do the right thing I am sure and it sounds you should have more background to make this decision, and it will be your decision.

KarlW (Mississippi)
Posts: 3

Posted:

Thank you Robert,
I feel we are trying to do the right thing, the statutes that you spoke of, I have searched the MS web site and can not find mention. What part of the MS Gov would you or anyone else suggest we look?
By the way - I don't find a lot of talk from the HOA's in MS, wondering if I'm the first?

DJ1 (Ontario)
Posts: 798

Posted:

What is causing the flooding? ie. If my neighbour does something that alters the grade causing flooding on my property it is my neighbours problem to pay for the fix. If the source is the HOA property/grade issue maybe it is the HOA's problem.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

KarlW,
Forgive me, but, are you talking about your girl friend?
(Wondering if I'm the first?)

Anyway, why don't you list what documents you do have. As far as State Statues, lock at State Non-profit regulations and if you are incorporated, look and see if you are licenced. Also, check the search feature on this site and search MS. Then you need to go to courthouse and check you associations name in deeds and records. You might be able to do it on line. I would also try and find another HOA/condo in the area and have a little talk with them.
There will be some statute that applies to HOA's or non profit corporation.
Go to your state web site and look for a "contact us" button by e-mail. Try that. If there is a legal aid society or a BBB, any local governing body, give them a call. In SC, the information is sparce also, but you need to find what you can. You need to learn about your association history and creation.
There is no hurry about any of this and right now I would shoot for the status quo (low profile) for your board, tend to the business at hand, don't make any big plans or spend big amounts of money. Do you have any past board members or anyone that has lived there for a long time? If you know the developer, contact him and ask if he has any records you can look at.

Kind of rushed this am so excuse all the typos.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Karl,
These kind of problems are usually addressed by your County Building and Planning Board. I also tried to look up homeowner laws or statutes for Mississippi and found none, which tells me that there are none. Several of our smaller populated states have not gotten to making this an important area to address, The Dakotas, Nebraska and several mid western states also are void of them. So in that case, you have to rely on your local governments.

If the flooding is caused by issues in the common area, then it should be fixed as soon as possible and that is why you need the County invlved as they probably issued the permits for the developement. Might it be a grading problem or water management ?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KarlW: IF the association is fairly new, it may be that the flooding problems occurred BECAUSE of poor grading completed by the developer and his ground crews.

If this is the case, and if it is occurring with many residents, it certainly is in the assn's best interests NOW! to approach the developer with the issues and have him make it right.

An outside professional opinion may be warranted here and will be of help if the developer won't stand behind his work.

KarlW (Mississippi)
Posts: 3

Posted:

Reply to DJ1
The condos have been here with an association for 15-16 years, soon after they were buildt a new developer put singal resident homes behind this area at a higher level, when is rains the water comes down from the single dewelling homes,
Reply to Donna
I have tried to contact the city and county planners but so far I have had no reply. As stated above - the association has been for several years and now the home owners in that area want to take action, but nobody has ever brought it up to the association in fourteen years. This could have been prevented had the home owners sould have contacted the developer.
Reply to Paul
After this lenght of time can we still contact the developer??

Thanks for taking your time with me.

BB2 (Missouri)
Posts: 36

Posted:

If you are looking for state statutes go to Hurwit & Associates from there click on the state you are in it should bring up what applies to your HOA. Also you can contact the county to see who is responsible for run-off. Here in Missouri some counties require the person that created the problem to fix it other counties don't and whoever is on the receiving end deal with it.

DonnaS (Tennessee)
Posts: 5,671

Posted:

BB2,
I went to the Hurwit and Associates site. They do not have "Not For Profit" listings for the different States but do have "NON PROFIT" corp data and how to set it up.

Home Owner Associations normally operate under NOT FOR PROFIT status and it is a world of difference between the two. So be careful when you are looking up information for your HOA.

GloriaM (North Carolina)
Posts: 829

Posted:

Karl:

It sounds as if the new developer placing the home in changed the grading slope and he is responsbile for this persons problem. If there has been no problems for 15 years and this new home was built, the planning board needs to be made aware and since you are Condo's the HOA should get involved to help this HO with this problem.

By no means should the HOA pay for this, it appears to be a clear problem of this home going in causing this flooding problem. Take pictures, send a letter to this developer and cc the planning dept.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KarlW: This is not an issue for YOUR association's developer but for the new developer who put in the single homes behind you. The municipality needs to look at the grading which was done when these homes were developed.

Call them and ask if they will come to look it over after a hard rain. They may be willing to be your ally here since they need to sign off for this 'new' developer that all is OK...and, it sounds like it's not. If you can't raise them by phone, go in person with photos of the problems occurring.

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