Are HOA’s responsible for damages to a home’s interior due to faulty landscaping and drainage designs and systems?

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Are HOA’s responsible for damages to a home’s interior due to faulty landscaping and drainage designs and systems?

I live in a HOA community and my backyard has a negative slope that makes rain water flow towards the house. My dining room floor is affected and I get mold from the humidity.

Asked on February 6, 2012 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It can be held at fault, especially if the faulty design was not repaired when the HOA was first placed on notice of the matter. You will need to consult with private counsel who may inform you would need to sue or threaten to sue or ask for costs of repair. The people who would get this correspondence or filing would be the HOA, the landscaping company, and the plumbing or land development company. There would need to be reviews of registered covenants, bylaws and other documents related to the association itself and to the development. You may need to contact your home owner's insurance, if that is most likely part of the HOA, then these issues may need to be brought before the board for a vote or discussion item.


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