Our water is brown and smokes when it’s cold. Its through our HOA. Is there any action I can take?

Question

Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to have surgery because I was in a coma, my 4 year old daughter has a UTI from bathing. We are constantly sick. We pay for ready to serve water plus the water we use. The HOA said they had plans to fix the water pipelines and thats why the fees are so high. In 3 years they have gone from 1100.00 to 2000.00 and still no plan to fix the water pipes. Is there any action I can do to get clean water?

James L. Arrasmith · Answer

This is a serious situation that potentially affects your health and safety. Here are some steps you can consider taking: 
 
1. Document everything: Take photos and videos of the brown water and any smoking. Keep records of all health issues you believe are related to the water quality. 
 
2. Get the water tested: Have an independent laboratory test your water for contaminants. This will provide concrete evidence of any problems. 
 
3. Report to authorities: Contact your local health department and the California State Water Resources Control Board to report the issue. They may be able to investigate and enforce water quality standards. 
 
4. Review HOA documents: Carefully read your HOA's CC&Rs (Covenants, Conditions & Restrictions) and bylaws to understand their obligations regarding water quality and infrastructure maintenance. 
 
5. Attend HOA meetings: Voice your concerns at HOA meetings and request detailed plans and timelines for water system improvements. 
 
6. Consider legal action: You may want to consult with a real estate attorney or environmental lawyer to explore your legal options. Possible actions could include: 
   - Forcing the HOA to take immediate action to provide safe water 
   - Seeking compensation for health issues and property damage 
   - Challenging the HOA's prohibition on drilling your own well 
 
7. Form a coalition: Connect with other affected homeowners to increase your collective influence and possibly share legal costs. 
 
8. Explore alternative water sources: While waiting for a resolution, consider using bottled water for drinking and cooking. You might also look into whole-house water filtration systems, though installation may require HOA approval. 
 
9. Contact local media: Bringing public attention to the issue might pressure the HOA and relevant authorities to act more quickly. 
 
10. File a complaint with the California Department of Real Estate: They oversee HOAs and may be able to intervene or provide guidance. 
 
Remember, you have a right to safe, clean water. Don't hesitate to take action to protect your family's health and your property value. If you're facing resistance or delays from the HOA, legal action may be necessary to ensure timely resolution of this serious issue.

Delaram Keshvarian · Answer

Thank you for your question! 
 
 HOA must maintain the common area which includes water. When an HOA fails to do so, it is subject to several liabilities such as tort and contractual liabilities. Water quality impacts the safety of residents.  
You need a real estate attorney specializing in HOA. 
 
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

Q: Our water is brown and smokes when it’s cold. Its through our HOA. Is there any action I can take?