Q: Does HOA have to fix water issues on property they own?
My HOA owns the easement between my house and several neighbors. We all experienced flooding and property damage. We aren't allowed to touch it because they own it, but they refuse to make any repairs to the easement to ensure proper drainage.
A: It depends on the nature of the easement and who owns the property versus who is the easement holder. An easement holder has rights to use the property for a particular purpose, but does not own the land. For instance, if they have a utility easement, they likely have no responsibility for drainage. As an easement holder they are only allowed to use the property for the stated purpose and cannot damage it. The owner of the land is usually responsible for the drainage. Of course, if it's a drainage easement, then the HOA could be responsible. It's impossible to tell without reviewing the plat and the document which created the easement. If the HOA owns the property and you have an easement, then the answer could be different. You should take a copy of the plat and any easement documents to a real estate attorney for review and advise. With the pandemic it is possible to have an electronic consultation.
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