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Started By
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re: HOA Attorney Suggestions
Posted on 1/31/25 at 3:14 pm to BadatBourre
Posted on 1/31/25 at 3:14 pm to BadatBourre
(no message)
This post was edited on 3/31/25 at 3:05 pm
2
Posted on 1/31/25 at 3:15 pm to GooDat
Are the pipes actually owned and maintained by the HOA? Or are they municipal
Posted on 1/31/25 at 3:18 pm to BugAC
quote:
Then maybe they shouldn't be in charge of approving/rejecting home improvements/modifications?
I don't understand how people can be this unaware of the world they live in.
When you construct structures or improvements on land you often have multiple entities that have control over what, how, and where you can construct things. That specific control may overlap but in many cases it does not. The HOA has a different set of control than the local AHJ responsible for code enforcement for example. I can present plans to my HOA for a home that shows multiple 8' x 8' windows starting 9" off the floor and it could meet all the requirements of the HOA and be signed off on. I could build the house and those windows could be non-tempered glass. The local code enforcement agent would likely not provide a COO on final inspection because the windows do not meet code. Both authorities care about the window but for different reasons. Just because the HOA signs off on plans does not mean you don't have to follow the rules of other controlling authorities and it does not make the HOA responsible for your lack of meeting other codes and laws.
Just because mom says you can borrow the car it doesn't mean you can break dad's rule and stay out past 12. It also doesn't mean mom gets grounded when you tell dad it is mom's fault for letting you borrow the car.
Posted on 1/31/25 at 3:22 pm to Obtuse1
Worth noting again that screwing with neighboring property drainage isn’t even a building code issue necessarily and doesn’t have to be in order to be recoverable. You cannot impede or make worse the drainage or natural flow of water on a neighboring piece of property under general property law in LA
Posted on 1/31/25 at 3:33 pm to Indefatigable
quote:
Are the pipes actually owned and maintained by the HOA? Or are they municipal
HOA
This post was edited on 3/31/25 at 3:06 pm
Posted on 1/31/25 at 4:18 pm to Indefatigable
quote:
Worth noting again that screwing with neighboring property drainage...
Yet another example of different authorities having control over what/how/where you build. If the building inspector give you a certificate of occupancy for a home that does not make them liable for any state law infringements regarding drainage.
As a further note the OP is worried about pissing off his neighbor but hasn't considered the ramifications of pissing off the HOA. He will quickly be considered "that guy" by the entire neighborhood when the HOA informs the entire neighborhood of the suit and what it is going to cost them all. Plus no attorney is going to just file suit against the HOA, they will include the officers and board members personally and the neighbor. You have to have everyone potentially liable in the same suit or you have the possibility of one defendant blaming the thrid party in one trial and the second defendant blaming the previous defendant in another trial and the different juries finding for the defendants in both cases and thus nobody is held liable and OP (the plaintiff) is left holding the bag, or holding his water in this case.
Posted on 1/31/25 at 4:21 pm to Benne Wafer
quote:Yeah. I’d check with the city/parish to see if they pulled any necessary permits to do this. Drainage is more of a municipality issue and not the HOA (keeping property values up with good architectural aesthetics).
This seems more of a code enforcement issue that an HOA one.
Posted on 1/31/25 at 4:29 pm to Obtuse1
quote:
Yet another example of different authorities having control over what/how/where you build. If the building inspector give you a certificate of occupancy for a home that does not make them liable for any state law infringements regarding drainage.
Yep. In LA, that is on the property owner. There isn't even an authority involved. You can't screw up your neighbor's drainage. Its in the Civil Code. No governmental agency enforcement needed.
quote:
Plus no attorney is going to just file suit against the HOA, they will include the officers and board members personally and the neighbor. You have to have everyone potentially liable in the same suit or you have the possibility of one defendant blaming the thrid party in one trial and the second defendant blaming the previous defendant in another trial and the different juries finding for the defendants in both cases and thus nobody is held liable and OP (the plaintiff) is left holding the bag, or holding his water in this case.
100%. The simple solution is walking next door and telling the neighbor that he needs to pay for french drains or similar to mitigate the issue. It is absolutely his obligation to do so.
Posted on 1/31/25 at 4:31 pm to TDFreak
quote:
I’d check with the city/parish to see if they pulled any necessary permits to do this. Drainage is more of a municipality issue and not the HOA (keeping property values up with good architectural aesthetics).
No need, though it may help having such an entity in the fight with you.
If you and me are neighbors, and you pile up a mound of dirt on the property line that pushes water towards my house, outside of its usual flow, that is on you to fix. Regardless of any parish or municipal code or permitting. Same goes with any structure, improvement, slab, wall, project, etc.
This post was edited on 1/31/25 at 4:31 pm
Posted on 1/31/25 at 4:32 pm to BadatBourre
I would think this is an issue with your neighbor, not the HOA. HOA only approves or denies the neighbor’s request based on the HOA bylaws, they aren’t responsible for the result, huh?
Posted on 1/31/25 at 5:28 pm to BadatBourre
HOA not responsible, all they did was say it was not against bylaws of subdivision, this issue is between you and neighbor
Think of it this way, if they approve someone to build a shed and they do, and then the shed falls and kills someone is it the HOA fault for approving??
Think of it this way, if they approve someone to build a shed and they do, and then the shed falls and kills someone is it the HOA fault for approving??
Posted on 1/31/25 at 5:41 pm to BadatBourre
I just came here to say that the word you should be using is concrete (not cement). Your neighbor installed a concrete parking extension. Cement is an ingredient in concrete mixtures.
Why do you care if his backyard drains or not?
As far as the drainage, what exactly is the issue other than you see more water running from your back yard towards the front during rain events? Is your backyard in a low spot holding water? What exactly are you're damages?
quote:
created a dam stopping his backyard from draining
Why do you care if his backyard drains or not?
quote:
This has caused a TON of issue since the only drainage is now through my backyard towards the front yard.
As far as the drainage, what exactly is the issue other than you see more water running from your back yard towards the front during rain events? Is your backyard in a low spot holding water? What exactly are you're damages?
This post was edited on 1/31/25 at 5:45 pm
Posted on 1/31/25 at 6:29 pm to BadatBourre
ask your neighbor to cut a six inch wide trench and break it out all the way to the street
or ask him to pay for a french drain in your yard
Why is everyone so afraid to communicate?
or ask him to pay for a french drain in your yard
Why is everyone so afraid to communicate?
Posted on 1/31/25 at 7:34 pm to BadatBourre
Posted on 1/31/25 at 8:49 pm to Indefatigable
quote:
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.
It can and should be. This is why we have HOAs, to prevent property value erosion. If one is going to make material changes, the HOA should abosutely have a say on the project going forward if it is not properly studied and permitted. It prevents one homeowner from ruining everybody else's property values by doing something stupid like flooding the neighborhood.
Posted on 1/31/25 at 8:51 pm to LNCHBOX
quote: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.
Try real hard to work on reading comprehension.
if they have an insurance policy or bank account that made it worthwhile.[
The HOA should absolutely reject any material changes to the land or house if they are not permitted and studied properly and stamped by a competent engineer or surveyor.
Posted on 1/31/25 at 10:23 pm to tadman
quote:
It can and should be. This is why we have HOAs, to prevent property value erosion
HOA board members are unpaid volunteers.
Their responsibility is to ensure that requests to make changes to property are not contrary to restrictions and that permits have been obtained, full stop.
If you sue the HOA, you are basically suing yourself. If successful (unlikely), expect dues to increase to cover legal costs, damages and increased insurance premiums.
This post was edited on 1/31/25 at 10:25 pm
Posted on 1/31/25 at 11:20 pm to BadatBourre
Here is my current situation.
I moved into my house roughly 3 years ago and water flows down the rear of my property line through my neighbors lot down to the next neighbor and so on all the way to the end of the neighborhood. There is a 5 foot servitude in all of our backyards specifically for drainage by EBR.
My immediate neighbor put in a pool 5+ years ago and built up the rear of their property, so the water stagnates at back of my property and creates a flood in my yard. The 8' of property is a mudpit for me. The water has nowhere to go but sit in my yard for weeks after a rain event. The neighbor refuses to do anything about it.
I am putting in a sump pump system to move this water to the front of my property directly in front of their driveway. In about a week this will be finished and they will find out actions have consequences.
Running ~150ft of discharge piping for a total cost of ~$4000. Happy to help you solve your problems :)
I moved into my house roughly 3 years ago and water flows down the rear of my property line through my neighbors lot down to the next neighbor and so on all the way to the end of the neighborhood. There is a 5 foot servitude in all of our backyards specifically for drainage by EBR.
My immediate neighbor put in a pool 5+ years ago and built up the rear of their property, so the water stagnates at back of my property and creates a flood in my yard. The 8' of property is a mudpit for me. The water has nowhere to go but sit in my yard for weeks after a rain event. The neighbor refuses to do anything about it.
I am putting in a sump pump system to move this water to the front of my property directly in front of their driveway. In about a week this will be finished and they will find out actions have consequences.
Running ~150ft of discharge piping for a total cost of ~$4000. Happy to help you solve your problems :)
Posted on 2/1/25 at 12:06 am to tadman
My comprehension is just fine.
The HOA is not responsible for all that. But go ahead and sue them. See how that works out for you.
quote:
The HOA should absolutely reject any material changes to the land or house if they are not permitted and studied properly and stamped by a competent engineer or surveyor.
The HOA is not responsible for all that. But go ahead and sue them. See how that works out for you.
Posted on 2/1/25 at 12:28 am to tadman
The insurance policy just means they’ll have defense lawyers quickly. It is a directors and officers policy covering that claim, not a car wreck liability policy. In other words, you aren’t looking at open money bags. And to add, the HOA may be able to get their attorney’s fees from you if suit is tossed.
This post was edited on 2/1/25 at 12:29 am
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