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re: HOA Attorney Suggestions

Posted on 1/31/25 at 12:38 pm to
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16923 posts
Posted on 1/31/25 at 12:38 pm to
I do know that my HOA puts a “so long as to not affect drainage” statement on everything they approve to absolve them of any liability and the situation you are in.

With that being said, the HOA isn’t really who you need to go after here, it’s your neighbor. In most jurisdictions one cannot do anything to negatively impact their neighbor’s drainage. The HOA isn’t really t the governing body on this, the city/parish/county is and you will have to sue you neighbor to get a remedy.
Posted by Trevaylin
south texas
Member since Feb 2019
8747 posts
Posted on 1/31/25 at 12:40 pm to
consider ,,,,who in your best case will provide a resolution??????? It's the neighbor. yer wasting effort working through the HOA
Posted by lsugrad35
Jambalaya capital of the world
Member since Feb 2007
3297 posts
Posted on 1/31/25 at 12:42 pm to
I had this exact issue at my last house. I had the parish come out and they said "yea he can't do that." Then they left. The end. Nobody ever cared to do anything about it so I just dealt with a back yard under water because the water couldn't get out via the drainage that was blocked off.
Posted by Weekend Warrior79
Member since Aug 2014
19248 posts
Posted on 1/31/25 at 12:43 pm to
quote:

Hard to believe that an HOA that requires detailed drawings to be submitted and approved before any additions to your home isn't responsible for what they approved.

Even if they are responsible, that would most likely be between your neighbor and the HOA. Your issue is with your neighbor and his contractor. The contractor is required to know he cannot design a project that would cause an adverse problem to an immediate neighboring property.

If you want to minimize problems with your neighbor, make him put in a french drain on your property that would collect the runoff and run it to out. HOA should approve this quickly once they realize this is a solution to a problem they already approved.
Posted by Tvilletiger
PVB
Member since Oct 2015
5743 posts
Posted on 1/31/25 at 12:45 pm to
In Florida there is a specific law in regards to anything that may change the flow of water on someone else’s property.
I bet there is one like that where you are.
We have this problem only on the worst of storm weeks with water flowing towards large drain which is on the other side of a guys driveway. Driveway was just rebuilt and they built it flat to the street with out the dip.
HOA problem for letting happen probably.
Guy if we pushed it to the ARB would probably have to redo. I have let it ride. It only happens every once in a while and there is no risk of flooding just standing water for a few days.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16923 posts
Posted on 1/31/25 at 12:45 pm to
quote:

The are right, they aren't engineers. Just because they approved a project doesn't mean that a neighbor had a right to cause damage to your property.


This. I highly doubt he had permits from ALL of the proper authorities. The HOA is just one that is required since you live in an HOA. They don’t supersede other governing bodies.
Posted by boosiebadazz
Member since Feb 2008
82862 posts
Posted on 1/31/25 at 12:49 pm to
quote:

Hard to believe that an HOA that requires detailed drawings to be submitted and approved before any additions to your home isn't responsible for what they approved.


You have a really bad understanding of this. Your lawyer needs to charge you double his hourly rate.
Posted by Gee Grenouille
Bogalusa
Member since Jul 2018
6835 posts
Posted on 1/31/25 at 12:56 pm to
quote:

Correct, but designs were submitted to the HOA and were approved by the HOA board members. You would think a board would take into account not only drainage, and also its directly over the drainage servitude.


Having been the president of an HOA, and dealing with those old fogies that take that shite seriously, they were just happy that someone asked what they thought.
Posted by baldona
Florida
Member since Feb 2016
22501 posts
Posted on 1/31/25 at 12:59 pm to
This isn’t an HOA issue, it’s with your neighbor. The HOA essentially just approves things for general cosmetic reasons and to make sure they fit the neighborhood rules. Something like drainage would be 100% on the neighbor, his contractor, and anyone that drew up the plans if needed.

What do you think the HOA is going to do anyway if you win? Make your neighbor change it. lol. So just go to your neighbor
Posted by LNCHBOX
70448
Member since Jun 2009
86903 posts
Posted on 1/31/25 at 1:00 pm to
quote:

Short Version

HOA Approved a neighbor's cement parking extension to the property line, but didn't take into account drainage issues. Not only does this cement slope towards my property, but they have also created a dam stopping his backyard from draining. This has caused a TON of issue since the only drainage is now through my backyard towards the front yard. I reached out to the HOA, and they denied all responsibility even stating, "we aren't drainage engineers."

I understand I can take my neighbor to civil court, but he only did what was approved and while this isn't my forever home, I'd rather not create enemies 22 feet from me.


Was this work permitted by the appropriate agency?
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
28613 posts
Posted on 1/31/25 at 1:10 pm to
quote:

Hard to believe that an HOA that requires detailed drawings to be submitted and approved before any additions to your home isn't responsible for what they approved.


It is really not hard at all, it does get harder when you want them to be responsible.

Consider something similar: One normally has to submit a full set of plans before building a home in an HOA governed community. The architectural review committee will review the plans to determine if the house meets their requirements but those plans could have multiple electrical, plumbing and mechanical code violations. Finding those and rejecting the plans is not their responsibility they are concerned with things like the style of the home, ceiling height, heated square footage, exterior finishes, etc not whether you have a non-GFCI protected outlet next to a sink or undersized trusses over your garage.
Posted by Crowley Cajun
Member since Sep 2004
417 posts
Posted on 1/31/25 at 1:22 pm to
quote:

HOA would never approve that. ?


They aren't drainage engineers, remember? So he can tell them that's what it's for, proper drainage. Lol.
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
32309 posts
Posted on 1/31/25 at 1:22 pm to
I don’t believe, by code, you are allowed to drain your property onto your neighbors. That’s a code violation.

As far as stopping drainage, if there was a shared swale and he messed that up, there is probably little you can do unless it’s in some kind of HOA covenant.

Posted by tigeraddict
Baton Rouge
Member since Mar 2007
13433 posts
Posted on 1/31/25 at 1:24 pm to
1) read what is in the covenant agreement for the HOA/Subdivision. also look at the subdivision plat map
2) HOA cannot supercede local zoning/permitting/inspections

Find out if he got the work permitted. if not, then let the city/parish do the fighting......most jurisdictions require a permit for so many sq. ft of concrete. and zoning requires certain setbacks from property lines.

EDIT: HOA should have approved the work contingent on pulling all required permits and passing final inspection.
This post was edited on 1/31/25 at 1:27 pm
Posted by biglego
San Francisco
Member since Nov 2007
80489 posts
Posted on 1/31/25 at 1:28 pm to
I love when people ask for recommendations but don’t tell us where on the planet they’re located
Posted by Koach K
Member since Nov 2016
4609 posts
Posted on 1/31/25 at 1:29 pm to
Mandatory injunction to get them to fix or remove.

Think of it as a chipppppper alternative to specific performance remedy.
This post was edited on 2/1/25 at 12:22 pm
Posted by BugAC
St. George
Member since Oct 2007
55591 posts
Posted on 1/31/25 at 1:29 pm to
quote:

I reached out to the HOA, and they denied all responsibility even stating, "we aren't drainage engineers."




Then maybe they shouldn't be in charge of approving/rejecting home improvements/modifications?
Posted by Seth Bullock
Member since Nov 2024
139 posts
Posted on 1/31/25 at 1:30 pm to
If your username checks out, I'd like to play some cards with you.
Posted by BadatBourre
Member since Jan 2019
997 posts
Posted on 1/31/25 at 1:34 pm to
South Louisiana.
Posted by LNCHBOX
70448
Member since Jun 2009
86903 posts
Posted on 1/31/25 at 1:36 pm to
quote:

Then maybe they shouldn't be in charge of approving/rejecting home improvements/modifications?


They aren't in that regard. This isn't hard.
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