Q: I am part of an HOA that is not keeping up on an agreement related to drainage of common areas. How can I force action?
A section of my HOA's Declaration of Covenants, Conditions, Restrictions and Easements clearly states that they are responsible for storm water drainage in common areas of the neighborhood: "It shall be the obligation of the Association to properly maintain, repair, operate and control such drainage system on the Common Areas unless those easement areas are accepted by the City and/or County or other governmental authority having jurisdiction by formal action of the City and/or County." We have a section of walking trail (not owned by the local government) that is regularly used by school children and routinely is flooded. The issue has been ignored for years despite homeowners raising concerns. I have been unable to personally motivate action through detailed discussion with a board member for the past year and a half. What legal action can I take that is less costly and less serious than a law suit against the HOA but will be likely to motivate them to action?
A: Talk to other board members and persuade a majority to act. Or find other homeowners who want action taken with you and are willing to serve on the HOA board, and try to get a majority of new board members elected to take that action. Otherwise, use the Find a Lawyer tab and retain a local real estate attorney who can review the situation and advise you.
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