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JimS29 (Utah)
Posts: 12
Posted:
Hello all,

My HOA property has a history of a high water table underground activity. Towards the bottom on my driveway, one eight foot "square" section of concrete is severely damaged with cracks. Several of the cracks are jutting upwards and allowing mud debris from below to ooze up and onto the surface. It's pretty clear that the base surface below has washed away and will require extensive "rehab" to not only replace the soil/sand base below but to some up with a method to redirect the water in some manner. So the obvious question is.....who's responsible? If I was to pay to have this concrete section replaced it's just a matter of time before it happens again. Thanks all.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Is this a condo or townhome community where the driveway is a limited common element or is it single family homes where you own the lot and the driveway? In the latter case, is the damaged section on your property or on the right of way?

Escaped former treasurer and director of a self managed association.
ElleN (Idaho)
Posts: 1,335
Posted:
Quote:
Posted By JimS29 on 10/26/2025 1:42 PM
It's pretty clear that the base surface below has washed away and will require extensive "rehab" to not only replace the soil/sand base below but to some up with a method to redirect the water in some manner.
I would be speaking to the city about this water leakage/drainage problem.

At this time I am not convinced it is your problem or the HOA's problem.

A city will approve land development only after a great deal of engineering-based consideration is given to drainage. Often cities have to fine tune drainage design after land has been developed.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By JimS29 on 10/26/2025 1:42 PM
Hello all,

My HOA property has a history of a high water table underground activity. Towards the bottom on my driveway, one eight foot "square" section of concrete is severely damaged with cracks. Several of the cracks are jutting upwards and allowing mud debris from below to ooze up and onto the surface. It's pretty clear that the base surface below has washed away and will require extensive "rehab" to not only replace the soil/sand base below but to some up with a method to redirect the water in some manner. So the obvious question is.....who's responsible? If I was to pay to have this concrete section replaced it's just a matter of time before it happens again. Thanks all.

This is not an uncommon problem because developers really don’t address ground water issues. If the home is new, it may be a home warranty issue.

If your HOA is a a PUD, (planned urban development - meaning you own the lot and the structure) the driveway repair and the ground water issue is 100% your responsibility. If the HOA owns your lot, then it’s likely their responsibility, but not always. Getting an HOA to agrees tge cause of the damage….. well good luck.

It is also highly unlikely a local govt. unit (city, county, village or township) is going to use tax payer funds to solve your ground water issues on private property. There will be a number of solutions that can reduce future water damage to your driveway once you figure out whose responsibility it is.
ElleN (Idaho)
Posts: 1,335
Posted:
Quote:
Posted By DeanJ on 10/26/2025 6:23 PM
It is also highly unlikely a local govt. unit (city, county, village or township) is going to use tax payer funds to solve your ground water issues on private property.
You need to study up on the meaning of "ground water."

I disagree with everything Dean posted on this topic.
JimS29 (Utah)
Posts: 12
Posted:
Thank you Dean!.
JimS29 (Utah)
Posts: 12
Posted:
This is a Townhouse community. I have one attached (Twin Townhouse) neighbor. We have 115 townhouses in our HOA which consist of twin and single homes. Each townhouse had an individual concrete driveway leading to the street. All the land and the streets are owned by the HOA.
Thanks.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 10/26/2025 6:47 PM
Posted By DeanJ on 10/26/2025 6:23 PM
It is also highly unlikely a local govt. unit (city, county, village or township) is going to use tax payer funds to solve your ground water issues on private property.
You need to study up on the meaning of "ground water."

I disagree with everything Dean posted on this topic.

When one is addressing ground water and a water table, the issue is subterranean water that is bubbling up. You can disagree with anything I post, but it is extremely unlikely a POA responsible for this and your local government isn’t going to address it either. An HOA, condo, may opt to simply repair the damage and not address the underlying issue.

But let’s assume I am wrong and the water is simply pooling on the surface on private property, that’s is the owners problem and a POA or not local goverment responsibility.

ElleN (Idaho)
Posts: 1,335
Posted:
It depends.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By JimS29 on 10/27/2025 1:36 PM
This is a Townhouse community. I have one attached (Twin Townhouse) neighbor. We have 115 townhouses in our HOA which consist of twin and single homes. Each townhouse had an individual concrete driveway leading to the street. All the land and the streets are owned by the HOA.
Thanks.

A townhouse in an HOA is typically a multi-story attached home that a homeowner owns, including the interior, exterior, and the land it sits on. You will have to review your declaration for this HOA to determine who is responsible. It is possible it’s your land and your driveway. It’s possible the HOA performs maintenance on your property through the collection of assessments.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 10/28/2025 4:22 PM
It depends.

Do you have a different definition?

The water table is the upper surface of the saturated zone of groundwater, where all the pores and cracks in the soil and rock are filled with water. It's the boundary between the unsaturated zone above it (which contains both air and water) and the saturated zone below it. The depth of the water table fluctuates depending on factors like rainfall, and its level can be raised by heavy precipitation or lowered by drought, extraction, or evaporation.
ElleN (Idaho)
Posts: 1,335
Posted:
"Ground water" (or "groundwater") was the definition in question.

Who is responsible to fix the underlying problem just depends on what an investigation reveals.

Per my first post, start with the city.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 10/29/2025 7:48 AM
"Ground water" (or "groundwater") was the definition in question.

Who is responsible to fix the underlying problem just depends on what an investigation reveals.

Per my first post, start with the city.

That will be a short conversation asking the city to address a drainage issue in an HOA with private streets that likely are not to code for public streets with storm sewer.
ElleN (Idaho)
Posts: 1,335
Posted:
DeanJ, you seem to think cities never have anybsay over drainage problems. This is flatly false. Example: plats often have drainage notations. If a land owner adds an improvement that results in more impermeable surface than is on the plat, the city can take action.
Yes

JimS29 (Utah)
Posts: 12
Posted:
100% agree. Our 115 Townhouse community has ZERO storm drains and we own the streets.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 10/29/2025 2:06 PM
DeanJ, you seem to think cities never have anybsay over drainage problems. This is flatly false. Example: plats often have drainage notations. If a land owner adds an improvement that results in more impermeable surface than is on the plat, the city can take action.
Yes


No, I am not saying they never do, but the circumstances outlined in this thread do not qualify for 99% of govt. units to spend tax payer funds to correct a drainage issue on private property. There may be some Beverly Hills type communities out there that may address it. I know of one where the police shovel snow from private driveways. Otherwise, the owner has to get out their checkbook. .

ElleN (Idaho)
Posts: 1,335
Posted:
Quote:
Posted By JimS29 on 10/29/2025 3:25 PM
100% agree.
That makes your decision-making easier.

Time to hire an attorney.
ElleN (Idaho)
Posts: 1,335
Posted:
Quote:
Posted By DeanJ on 10/29/2025 3:51 PM

No, I am not saying they never do, but the circumstances outlined in this thread do not qualify for 99% of govt. units to spend tax payer funds to correct a drainage issue on private property.
That's not what I asserted.

JimS29 seems ready to skip checking with the city (at no cost). Now he can wrestle with the HOA and pay a few grand to get an attorney started on this.
JimS29 (Utah)
Posts: 12
Posted:
Don't speculate on what I intend to do. Got it? I never said or contemplated anything of the sort. Far from it.Every forum seems to have someone like you.
ElleN (Idaho)
Posts: 1,335
Posted:
JimS29, non sequitur.
LetA (Nevada)
Posts: 2,679
Posted:
I would start first by contacting a civil engineer. They would likely be the one to know who to contact.
DeanJ
Posts: 1,786
Posted:


Hello City Public Works Manager,

This is DeanJ and I am the president of the XYZ HOA and we have a drainage issue we would like to discuss with you. Owner Jones’s driveway is broken and we are going to fine him for his driveway condition, but he can’t fix his driveway until a drainage issue is corrected and HOA believes the drainage is your responsibility.

This is why you want the HOA involved first.
ElleN (Idaho)
Posts: 1,335
Posted:
Call whomever you want first. Just make sure the city is contacted early on, and not saying anything more than "there is seepage coming from underneath my driveway. Can you please investigate?"
ElleN (Idaho)
Posts: 1,335
Posted:
I would start with the City Land Use yada department.
DeanJ
Posts: 1,786
Posted:
From AI, A city's land use department, often called a planning and zoning department, is a local government agency that regulates how land is used and developed within the city. This department implements policies and zoning laws to promote orderly growth, protect the environment, and meet community needs for things like housing, businesses, and transportation.

DeanJ
Posts: 1,786
Posted:
A city's public works department is responsible for building, maintaining, and repairing the community's essential infrastructure and public facilities. This includes a wide range of services such as roads, sewers, water systems, parks, and public buildings, which are crucial for the city's quality of life and day-to-day functioning. The department's duties are focused on keeping the city running efficiently and safely for its residents and visitors
ElleN (Idaho)
Posts: 1,335
Posted:
The Land Use Department is responsible for drainage design, among other things.
JimS29 (Utah)
Posts: 12
Posted:
Thanks for all your help folks!

I have all the info I need. God Bless....

Jim

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