What to do if the 30 foot sidewalk to the front door of my condo is flooded every time the sprinklers come on or it rains?

I have emailed and called the HOA for 4 years but nothing has ever been done. What should I do next?

Asked on August 31, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the flooding damages your home, you'd have grounds to sue for compensation and/or for a court  order requiring them to stop doing this. If there is no damage, then you need to reviewing HOA agreement to see what their obligations are in regards to the outside area; if the agreement obligates them to maintain it in good order or repair, you may be able to enforce that agreement against the HOA to force them to improve drainage or modify the sprinklers. However, in the absence of damage, your only recourse would be if there is something in the HOA agreement giving you enforceable rights.


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