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re: HOA Attorney Suggestions

Posted on 1/31/25 at 1:38 pm to
Posted by OweO
Plaquemine, La
Member since Sep 2009
118065 posts
Posted on 1/31/25 at 1:38 pm to
When I was in college, I worked in permits and building inspection. We dealt with a lot of issues like this. They were not in the city limits, since the city/towns had their own inspectors, but what I am getting at is.. See if your city has an inspection office, if not then contact the parish inspection office and talk to the inspector.

Since it is already done, there is a good chance nothing will be done about it. Technically if they violated code, the inspector can make them fix it so it doesn't drain in your backyard, but with the HOA approval, that's going to be hard to fight. You would have to take legal action against them. They gave your neighbor the approval, he only did what he was approved to do.

Does the HOA have its own codes? I assume that they have to follow the city or parish codes. If so, do they get approval from city or parish?

I am thinking this out as I type. So if HOA gave him approval, that's who you have to challenge. If they are supposed to use the city or parish codes and they didn't and what they approved did indeed violate code then the city or parish could then enforce them to fix it so that it meets code. They will then say "well HOA approved it. I am not paying for it to be fixed, they will have to pay for it in order for it to be done".

So before you even think about hiring an attorney, make sure they are 100% violating code. Go to the inspectors office and see if they approved it and if not, then go to HOA and ask them what did they base their decision on when they approved your neighbor's parking extension because, according to the building code, they approved them to do something that violates the code. If they tell you a bunch of bullshite, don't argue with them. Just tell them that you are hiring a lawyer it will get worked out legally. They will probably wait to see if you are bluffing, but hopefully once your lawyer contacts them, they will see that they don't have a strong case and then get it worked out.
Posted by LNCHBOX
70448
Member since Jun 2009
86903 posts
Posted on 1/31/25 at 1:39 pm to
You take the most words to say two sentences worth of info
Posted by Benne Wafer
Member since Jan 2015
444 posts
Posted on 1/31/25 at 1:46 pm to
Go to planning and development office and ask them for drainage servitudes or easements. You can also request just about all the permitting information for whatever property using FOIA.

We did this when we had a drainage issue from houses built after ours. Asked for everything pertaining to our property, the original neighborhood development, and the houses that were built after ours. It was helpful to have facts laid out when talking to people.
Posted by OweO
Plaquemine, La
Member since Sep 2009
118065 posts
Posted on 1/31/25 at 1:47 pm to
Its a fault man. I'll start thinking shite out and I type as I am working it out and it just becomes word vomit.
Posted by Cracker
in a box
Member since Nov 2009
18913 posts
Posted on 1/31/25 at 1:47 pm to
Why HOA vs not a building code issue ?
Posted by tadman
Member since Jun 2020
4831 posts
Posted on 1/31/25 at 2:01 pm to
quote:

"we aren't drainage engineers."


Doesn't matter. If they don't know drainage, they should either pay for a study or compell the neighbor to pay for one and get it stamped by a civil engineer. I would sue the pants off the HOA if they have an insurance policy or bank account that made it worthwhile.
Posted by LNCHBOX
70448
Member since Jun 2009
86903 posts
Posted on 1/31/25 at 2:02 pm to
quote:

I would sue the pants off the HOA if they have an insurance policy or bank account that made it worthwhile.


I mean, if you like lighting money on fire you could just give some to me instead.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
38449 posts
Posted on 1/31/25 at 2:07 pm to
quote:

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.



The HOA is generally only interested in whether or not you comply with HOA rules and whether what you do will negatively affect the general property values. When they look at plans, they primarily look at appearance, not much else.
Posted by Indefatigable
Member since Jan 2019
33583 posts
Posted on 1/31/25 at 2:08 pm to
quote:

I would sue the pants off the HOA if they have an insurance policy or bank account that made it worthwhile.

It’s not the HOA’s responsibility for the guys neighbor to comply with the law when improving his property. Suing the HOA is a waste of money.
Posted by LNCHBOX
70448
Member since Jun 2009
86903 posts
Posted on 1/31/25 at 2:09 pm to
quote:

The HOA is generally only interested in whether or not you comply with HOA rules and whether what you do will negatively affect the general property values. When they look at plans, they primarily look at appearance, not much else.


Our HOA review form states very clearly that approval is not equivalent to a city building permit
Posted by Indefatigable
Member since Jan 2019
33583 posts
Posted on 1/31/25 at 2:12 pm to
quote:

Since it is already done, there is a good chance nothing will be done about it.

A district court or parish govt can very well tell the neighbor to rip it up or pay for mitigation
Posted by LNCHBOX
70448
Member since Jun 2009
86903 posts
Posted on 1/31/25 at 2:13 pm to
His entire post is wrong
Posted by Indefatigable
Member since Jan 2019
33583 posts
Posted on 1/31/25 at 2:14 pm to
quote:

Why HOA vs not a building code issue ?

If he’s in LA, he doesn’t even need building codes. It’s a violation of basic property law/the civil code.
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
32863 posts
Posted on 1/31/25 at 2:19 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.
nearly all HOAs have clauses that remove their liability unless it is a project they undertook
Posted by TigersnJeeps
FL Panhandle
Member since Jan 2021
2410 posts
Posted on 1/31/25 at 2:25 pm to
Sue the HOA and you will be helping pay the fees.... at least that's what happened in our hood.
Posted by Packer
IE, California
Member since May 2017
8451 posts
Posted on 1/31/25 at 2:36 pm to
quote:

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


They should require drainage plans (my HOA does) for any work like this. If there isn't any or if it's causing drainage issues, the HOA should require your neighbor to fix it.

ETA: Either way your neighbor is getting involved, but let the HOA be the bad guys and make him fix it.
This post was edited on 1/31/25 at 2:37 pm
Posted by Townedrunkard
Member since Jan 2019
12073 posts
Posted on 1/31/25 at 2:38 pm to
quote:

Was this work permitted by the appropriate agency?


Usually the parish or county has to issue a permit for this reason. If it’s not up to code, then they will have to tear it up and redo it. I’d call the parish/county and find out if a permit was even issued.
Posted by Odinson
Asgard
Member since Apr 2014
2817 posts
Posted on 1/31/25 at 2:44 pm to
Neighbor probably intentionally sloped the drainage towards your property
Posted by Strannix
President Trump's America
Member since Dec 2012
51329 posts
Posted on 1/31/25 at 2:53 pm to
Build a higher one on your side, problem solved
Posted by Novastar
Member since Jan 2023
505 posts
Posted on 1/31/25 at 3:10 pm to
Speak to an attorney who has experience with residential construction in your area.

I wouldn't worry about creating enemies with your neighbor. Protect your investment at all costs.
This post was edited on 1/31/25 at 3:13 pm
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