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Started By
Message
re: HOA Attorney Suggestions
Posted on 2/1/25 at 12:51 am to Taffeta
Posted on 2/1/25 at 12:51 am to Taffeta
quote:
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 :)
Is there a statute of limitations for building in a drainage servitude in your state? If all your facts are true you have a rock solid case against your neighbor, but instead you decide to pay to for a fix that might give him cause to sue you instead?
2
Posted on 2/1/25 at 1:11 am to NOLALGD
I just went through this whole god damn thread waiting to see Ryno and/or Net’s posts bc their HOA shtick is the one of the funniest long term things on the OT
Consider me severely disappointed
Consider me severely disappointed
Posted on 2/1/25 at 6:30 am to BadatBourre
quote:
I reached out to the HOA, and they denied all responsibility even stating, "we aren't drainage engineers."
Read the bylaws in the hoa rules. Mines has a section about additions to properties cannot redirect the flow of rain water runoff. If that’s in there and they approved his extension, then yeah it’s on them
Posted on 2/1/25 at 6:35 am to BadatBourre
Go knock on your neighbor's door and kindly tell him what is going on. If he tells you to GFY . Dig your own small ditch or whatever needed---- to eliminate the water.
If you need permission to do this then move.
If you need permission to do this then move.
This post was edited on 2/1/25 at 6:36 am
Posted on 2/1/25 at 6:40 am to BadatBourre
quote:
put a dam up preventing it from going into your yard
This is exactly what I did. My neighbors backyard and gutters all drained into my backyard bc he built 2’ higher than I did. I asked if he wanted to split a sub surface drainage job. He’s a cheapskate and said no. next, I put up a dam keeping his water in his yard. Next thing I know he wants to split the subsurface drainage job. It was a pretty easy way to avoid litigation by letting him come to his own conclusion.
On the other hand, I added a bunch of concrete to the other side of my house and created a flood in my neighbor’s yard. I felt responsibility for that and paid 3k for a sub surface drainage project that eliminated all water from their property.
This post was edited on 2/1/25 at 6:45 am
Posted on 2/1/25 at 6:59 am to OweO
Posted on 2/1/25 at 7:58 am to NOLALGD
My neighbors reasoning is that his pool was approved by the HOA and EBR as pools must be approved via permitting by the parish.
I didnt feel like going through a fight with him and EBR permitting. I don't have faith in EBR Parish Government to fix my problems. I also dont know what 5 houses down looks like. They may be built up also.
I will be emitting water into the street in front of his driveway. The water will flow naturally to a storm drain, so I am not shedding water onto his property. He will just have a puddle in front of his driveway until it naturally flows away.
I didnt feel like going through a fight with him and EBR permitting. I don't have faith in EBR Parish Government to fix my problems. I also dont know what 5 houses down looks like. They may be built up also.
I will be emitting water into the street in front of his driveway. The water will flow naturally to a storm drain, so I am not shedding water onto his property. He will just have a puddle in front of his driveway until it naturally flows away.
Posted on 2/1/25 at 8:48 am to LNCHBOX
quote:
The HOA is not responsible for all that. But go ahead and sue them. See how that works out for you.
WTF else does the HOA do? Hold ice cream socials?
The entire purpose of an HOA is to prevent the neighborhood from going into decline due to one or two knuckleheads, like the neighbor in the OP, doing dumb stuff, like the neighbor in the OP.
If your HOA is looking at plans and issuing approvals, they had better ensure the plans are stamped. Otherwise the approval is not done correctly and there is a genuine risk that something will go wrong and a lot of others' property values take a hit. Just like happened in the OP.
This post was edited on 2/1/25 at 8:50 am
Posted on 2/1/25 at 8:52 am to tadman
Even if you follow your theory, the neighbor is ultimately liable and will need to be forced to take down the issue causing improvement.
Posted on 2/1/25 at 8:53 am to cyarrr
quote:'
that permits have been obtained,
There you go. And how do we get permits? By showing adequate planning, including stamps when required, to the proper body.
quote:
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.
By this logic we should never sue any governmental body. Also by this logic the governmental body in question has no bank account nor insurance policy. That's not how it works. My HOA has a bank account and an insurance policy.
Posted on 2/1/25 at 9:00 am to BadatBourre
Take this to r/frickHOA on Reddit.
IMO your action is against the neighbor. Also, if you are in a city, their engineering dept. needs to come look at this. If the neighbor changed the lit flow the city can force him to rectify it. And you can still use if the flooding caused damage to your yard or plants.
IMO your action is against the neighbor. Also, if you are in a city, their engineering dept. needs to come look at this. If the neighbor changed the lit flow the city can force him to rectify it. And you can still use if the flooding caused damage to your yard or plants.
Posted on 2/1/25 at 9:00 am to tadman
quote:
It prevents one homeowner from ruining everybody else's property values by doing something stupid like flooding the neighborhood.
The law already does this. HOA not needed.
Posted on 2/1/25 at 9:10 am to BadatBourre
Have you talked with the neighbor and told him the issues?
If they’re reasonable they should understand
If they’re reasonable they should understand
Posted on 2/1/25 at 9:15 am to Indefatigable
quote:
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
This. A relative of ours is having a similar problem.
Their neighbor totally changed the landscape and natural drainage of their lot-without a permit from the parish. Waiting to see how the parish will handle it.
Posted on 2/1/25 at 9:31 am to tadman
quote:
There you go. And how do we get permits? By showing adequate planning, including stamps when required, to the proper body.
And “whose” to say they didn’t or that they even submitted this to the board for approval?
quote:
Also by this logic the governmental body in question has no bank account, nor insurance policy. That's not how it works. My HOA has a bank account and an insurance policy.
And that account has to be replenished.
This post was edited on 2/1/25 at 9:52 am
Posted on 2/1/25 at 9:53 am to BadatBourre
I hope Trump eliminates HOAs!
Posted on 2/1/25 at 10:02 am to lsufan9193969700
quote:
I hope Trump eliminates HOAs!
I hate HOAs as well.
I just wish all people would take pride in their home, big or small. Period.
Posted on 2/1/25 at 12:44 pm to BadatBourre
In the time it took to post and reply to others, OP could have talked to the neighbor.
Needing to use an attorney sucks(apologies to attorneys here), avoid at all costs unless absolutely, there’s no other way, necessary.
Disclaimer, I’ve had great help from attorneys but it wasn’t cheap and there was no other way. Got my money’s worth and more.
Needing to use an attorney sucks(apologies to attorneys here), avoid at all costs unless absolutely, there’s no other way, necessary.
Disclaimer, I’ve had great help from attorneys but it wasn’t cheap and there was no other way. Got my money’s worth and more.
This post was edited on 2/1/25 at 12:48 pm
Posted on 2/1/25 at 1:51 pm to BadatBourre
9 out of 10, this is a municipality (city) issue first. If your city requires a permit to be issued for a driveway extension (highly likely), that permit would likely require the submission of a drainage plan, something your neighbor/his contractor did not follow.
It is highly likely, if HOA approval was required, the HOA fine print bylaws contain something to the effect its upon the homeowner to obtain city/county permits, regardless of their approval. Or basically, our approval doesn't mean shite, but our disapproval is Final.
100 out of 100, if you do not want your yard to continue to flood, your neighbor will have to demo the extension and start over or return the property to its previous condition. Either of these options are likely to cost him more than what he has already spent on the project, and twice as much if he is going to re-pour. There is zero chance your neighbor will not know you are the one who (rightfully) complained.
It is highly likely, if HOA approval was required, the HOA fine print bylaws contain something to the effect its upon the homeowner to obtain city/county permits, regardless of their approval. Or basically, our approval doesn't mean shite, but our disapproval is Final.
100 out of 100, if you do not want your yard to continue to flood, your neighbor will have to demo the extension and start over or return the property to its previous condition. Either of these options are likely to cost him more than what he has already spent on the project, and twice as much if he is going to re-pour. There is zero chance your neighbor will not know you are the one who (rightfully) complained.
Posted on 2/1/25 at 2:02 pm to cyarrr
quote:
And that account has to be replenished.
An HOA is not losing a lawsuit in a case like this unless they had a 12 yr old write the by-laws. I have yet to see an HOA covenant that did not have a pass the buck disclaimer absolving them of any liability in a case such as this.
99% of HOA's are the No people and Yes with an asterisk people. They never give explicit approval on anything. The other 1% of HOA's are in the process of being abolished, rendered powerless.
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