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Can you get an HOA to enforce covenants for drainage in Louisiana?
Posted on 3/6/17 at 1:54 pm
Posted on 3/6/17 at 1:54 pm
Is that option available? Drainage issues that are covered by HOA rules and covenants but neighbor doesn't do anything. Can you force the HOA to get the neighbor to remedy the drain issues he creates?
5
Posted on 3/6/17 at 1:57 pm to fatboydave
quote:
Can you get an HOA to enforce covenants for drainage in Louisiana?
Me? Can I do it? frick that! I've got my own problems to deal with. Fight your own battles.
Posted on 3/6/17 at 1:59 pm to fatboydave
No, drainage is a function of the Public Works Dept in your municipality
Posted on 3/6/17 at 2:01 pm to ccomeaux
open ditch front yards are trashy AF
Posted on 3/6/17 at 2:09 pm to Tigeralum2008
quote:
open ditch front yards are trashy AF
Agree. Mandeville subdivision with homes all over $300k and they have open ditches and no culverts.
Posted on 3/6/17 at 2:12 pm to fatboydave
Yes, the HOA is supposed to uphold all the rules.
Posted on 3/6/17 at 2:14 pm to fatboydave
Depends on situation really. State law prohibits blocking drainage from neighboring property so that is the broad provision. If this is a private drainage servitude, then you can certainly force the HOA to remedy the issue if he is blocking your drainage. Final plats have enough restrictive language to protect each homeowner from their idiot neighbor. Your HOA should have the power to remedy situation and place a lien for the repair amount. That is the way our neighborhood is set up.
Obligatory HOAs suck comment.
Obligatory HOAs suck comment.
Posted on 3/6/17 at 2:15 pm to fatboydave
quote:Yea I'm not a fan of the ditches either but there are culverts (or the driveway dips like the ditch and water flows across the driveway instead of under it).
Mandeville subdivision with homes all over $300k and they have open ditches and no culverts.
Posted on 3/6/17 at 2:25 pm to The Mick
quote:
Yea I'm not a fan of the ditches either but there are culverts (or the driveway dips like the ditch and water flows across the driveway instead of under it).
That's the situation. Neighbors will not clean the "french ditch" and water and mud collects over the driveway for days after a rain.
Posted on 3/6/17 at 2:37 pm to fatboydave
First question.....did you ask them to clean it?
Posted on 3/6/17 at 2:40 pm to fatboydave
quote:Yep, I hate that. My current neighborhood has culverts but my last hood had that issue. .
That's the situation. Neighbors will not clean the "french ditch" and water and mud collects over the driveway for days after a rain.
Posted on 3/6/17 at 2:49 pm to Hammertime
quote:
First question.....did you ask them to clean it?
No. Just hoping they read the OT.
Posted on 3/6/17 at 3:22 pm to fatboydave
quote:
fatboydave
quote:
Is that option available? Drainage issues that are covered by HOA rules and covenants but neighbor doesn't do anything. Can you force the HOA to get the neighbor to remedy the drain issues he creates?
LINK
This basically boils down to this:
If your neighbor has-in any way-increased the flow of water from his property (dominant estate) to your property (subservient estate), you have legal cause and/or remedy available that requires him to deal with or mitigate that increase in flow or natural run-off. It is his burden (cost/legal responsibility).
It has zero to do with the HOA, though he could be in violation of covenants by taking actions that were counter to what he agreed to there.
But legally, you have rights afforded to you that are explained in great detail in the link above.
This post was edited on 3/6/17 at 3:23 pm
Posted on 3/6/17 at 4:39 pm to ccomeaux
quote:
No, drainage is a function of the Public Works Dept in your municipality
not entirely true. i know my neighborhood's plot plan says the the sewer and water distribution system is maintained by Baton Rouge Water. But the storm drainage system is the responsibility of the HoA association. My brother's subdivision is the same with respect to the storm drainage system.
So the 24' storm drain piping that collects the culverts and runs to the back of the subdivision is the responsibility of the HoA to maintain, including the culvert in the servitudes
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