My HOA's improper placement of sandbags in the common area channeled water and mud to my property instead of the storm drain. The drains in my yard filled with mud my yard was flooded. I would like to recover money not only to repair but also build a drainage system to protect my yard in the future. Would a judge go for that?
2007-12-21 08:50:52 · 5 answers · asked by deefreddy21 2 in Politics & Government ➔ Law & Ethics
If the HOA failed to repair the damaged they caused within a reasonable amount of time and you can show that their negligence caused the damage, then the judge would likely find they owe you for that. However it is unlikely the judge would force them to pay for preventative measures
2007-12-21 08:56:10 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
Nope. As others have said they would only be responsible for damages.
If you have already fixed the damage or this didn't just happen you will be out of luck w. your insurer. Even if that is not the case consider a few things before making a claim.... they might fix whatever but increased premiums later could cost you tenfold.
The HOA has their own insurance company. A few well placed calls could get some things taken care of. But the HOA insurance is for common areas.
The drainage system (off of your property) would qualify. But much would depend on the HOA. If they are forced to completely redo things they may impose a special assessment. Meaning all members have to pay a one time fee.... and it is legal.
I had a house where this was imposed. It was a few thousand but luckily a freind told me what to do.... I called my insurer and for $20 A YEAR I was insured.
Point is the judge is not going to go for improvements or what might happen later.
2007-12-22 05:32:38 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
The Homeowners Assoc will have insurance on the common areas. You need to make a liability claim against that insurance company. Since you're a member of the association, they'll have to treat you fairly well instead of denying your claim and telling you to take a flying leap.
In your claim, make sure you mention the damage was done by the people who placed sandbags. You need to stay away from "rising water" which is covered only in flood policies (unless they have a flood policy). You need to allege that but for the negligence of the placing of the sandbags you would have had no damage.
Your chances of getting a new drainage system is probably pretty thin, but go ahead and ask. It's only when the insurance company has denied to pay damages that you go to court.
Keep pictures, receipts, everything to support your money damage claim.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-21 08:59:14 · answer #3 · answered by scottclear 6 · 0⤊ 0⤋
You will definitely be able to recover reimbursement for the damage incurred. Unless the HOA has explicitly agreed to build you a drainage system, you will not be able to get money for that.
2007-12-21 08:54:28 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I don't think it's likely. The actual damages, yes, but improvements to your property - doubtful.
2007-12-21 08:54:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋