Sink Hole Caused By drain failure- what are my options?

document everything is the best I can tell ya

There are trenchless pipe relining solutions



As for the HOA, I’d send a certified letter that you’re filing suit in 90 days unless they find a solution. Include any past notifications you’ve made to them.

Fill them in with dirt and wait for the flooding to happen. I bet they get more responsive then...

I would publicly shame them on social media, assuming you have social media. also tag your homeowners insurance. If that doesnt work then get a lawyer.

Oh, the same HOA's that get an attitude if you leave your garbage can at the curb a few hours longer than they expect?????

So, you're saying when the shoe is on the other foot, they are dragging it out and it's you that will likely need to take legal action.


The irony here is palpable.

Each time it rains the dirt from your property is being washed away.

1) is this your property or a servitude. Get a subdivision plot map to see what it states.
2) make sure you clearly read the HOA/Subdivision covenant agreement. copy should be available from the HOA or local clerk of court as it needs to be filed. make 100% sure you as the property owner are not responsible for repairs.
3) most HoAs have the ability to apply a special assessment for all members to pay for repairs of HOA responsible items. be prepared for your neighbors to get pissed they are paying to repair something on your property

4) get an attorney

quote:

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I assume if I just stop paying my HOA dues until it is fixed they will somehow use that against me.

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not if you have documented proof that you've told them about the situation and they've ignored it. but you'd better be ready to fight afterwards because they will probably put a lien on your property.


I would engage a law firm who will take it on a contingency basis. based on what the contract says about their duties regarding the pipe, you may or may not be able to collect damages. at the very least, though, you should be able to get your yard fixed and attorneys fees paid.

the law firm will find any entity/individual who can be reasonably tied to any aspect the manufacture, transportation, and installation of the pipe. these people will all be sent demand letters informing them of the problem and your (their) proposed solution to the problem.

based on their response and level of culpability, the firm will take further action if a preliminary agreement among parties is not reached.

You have the upper hand in this. Play it! But find a good attorney. Ask what his approach is, what he expects to happen, and what resources he has to settle your problem. Get all this in writing. DOCUMENT EVERYTHING

Here ya go. AI drafted a letter for you to bring to the attorney as a draft.

[Attorney Letterhead]
[Law Firm Name]
[Address]
[City, State, ZIP]
[Phone Number]
[Email Address]

Date: [Insert Date]

To:
Board of Directors
[Name of HOA]
[HOA Address]
[City, State, ZIP]

RE: Formal Notice of Dangerous Drainage Infrastructure and Sinkhole Conditions – [Your Property Address]

Dear Board Members,

This firm represents (xxxxxxxx), a homeowner residing at [Your Full Address], within your subdivision. We are writing to place the [Name of HOA] on formal notice regarding a long-standing and hazardous condition involving the underground drainage infrastructure that runs beneath (XYZ) property.

As you are aware, the HOA is responsible for the maintenance and repair of all common drainage systems, including the underground pipe that runs from the street drain to the wooded area behind (XYZ) home. This pipe, which is over 50 years old, has been the subject of repeated complaints and documented concerns due to its apparent failure.

History of the Issue:
Initial Report: (XYZ) first reported the issue to the HOA nearly two years ago.
Acknowledgment: The HOA, including the former President, as well as your contracted drainage and landscaping professionals, have all acknowledged that the pipe is likely cracked or disconnected.
Current Conditions: There are now five visible sinkholes on (XYZ) property, the largest of which is approximately 3 feet wide and 3 feet deep—large enough to pose a serious risk to children, pets, and adults.
Ongoing Risk: These conditions present an imminent threat to health, safety, wellness and property, including the potential for injury or structural damage to (XYZ) ’s home.
Despite repeated notifications and the clear acknowledgment of the problem, the HOA has failed to take any corrective action. This inaction constitutes a breach of your fiduciary duty to maintain common infrastructure and ensure the safety and welfare of the community.

Demand for Immediate Action:
We hereby demand that the HOA:

Initiate immediate repairs to the drainage infrastructure and affected areas.

Engage your insurance provider to cover the cost of these repairs, as this letter and accompanying documentation will support your claim.
Provide a written response within 10 business days outlining your plan and timeline for remediation.
Please be advised that if the HOA fails to act promptly, our client reserves the right to pursue all available legal remedies, including but not limited to:

Filing a claim for negligence and breach of duty;
Seeking injunctive relief to compel repairs;
Holding the HOA fully liable for any injuries or property damage that may result from your continued inaction.
We have attached time- and date-stamped photographs of the sinkholes and surrounding conditions to this letter for your records and insurance purposes.

We trust that the HOA will act swiftly and responsibly to resolve this