HOA responsibility for land erosion

We are a small HOA in Virginia. One of our residents has a back yard on a downward sloping hill that is being eroded away. The HOA Board was prepared to fund the restoration of this erosion at the cost of $4000 - 5000. One of the Directors feels that the homeowner should share in the cost of this restoration. Our HOA is responsible for all external maintenance, which includes lawncare, but not flowerbeds and mulching. Land erosion is not spelled out in any of our governing documents. Is it reasonable to ask the landowner to share in this cost?

I totally agree with Michelle on this one. If it is common area, the H.O. has no financial nor physical responsibility to repair or restore the erosion. Asking the H.O. to share the cost is not at all reasonable. The hill or bank should have been maintained properly all along to prevent this large repair cost now.

Our community had a situation where a poorly graded detention pond caused some significant erosion to a HOs personal unit property and the Association paid for the repair to both locations; however, our repair was only $550.

I assume they could legally hold you responsible for the repair anyway if something about the adjacent common area caused it, but you might want to get some advice about actually having work performed on the HO's property. Our board did not look into that and probably should have.

You might also want to check your insurance coverage for such an issue. Ours has many clauses with regard to drainage, erosion, etc.

Our CCRs do have some provisions about sharing costs with HOs for repairs/maintenance that only benefit a specific HO, but we've never needed to determine how that would play out -- but might need to as tree removals become necessary in common area protected conservation areas that back up to HO's individual property.

I would say that the homeowner is responsible for the entire cost unless it says somewhere that the HOA is.
Just because the HOA docs provide for some external maintenace does not mean that it includes ALL maintenance.

To some extent I agree with Glen, check with your attorney.

But I have to tell you, were I a homeowner in your development I would be contacting MY attorney if the HOA tried to pay for such a project on property that belongs to a homeowner and NOT the HOA.

If the developer or builder did not properly grade that homeowner's property, then that homeowner needs to take it up with the developer/builder.

The HOA has NO ownership of the land and, therefore, has NO obligation or financial responsibility to it's repair.

By the way, I would LOVE to see the section in your CC&Rs that give the HOA financial responsibility for the repair and upkeep of the external of ANY home that the HOA does NOT have a title interest in, such as any structure on a common area, for example.

I'm not from Missouri, but I still say, "Show me" regarding THIS statement:

"Our HOA is responsible for all external surfaces of the home (roofs, brick, painting, driveways, roads). We have no amenities and little common ground. "

I may buy into the idea that your HOA is responsible for the ROADS, but not any of the other items without seeing it in writing.

Now, I hope you're not confusing the HOA's right to restrict what homeowners do with those elements (color of roof, painting of trim, etc) with the idea that an HOA is responsible for repairs and maintenance of a homeowner's private dwelling.

If that's the case, I may want to move to Virginia! It would save a LOT on annual home maintenance!