Q: What legal options do I have for neighbor causing flooding by violating HOA bylaws?
I'm experiencing flooding in my backyard because my neighbor filled in a swale or easement for rainwater, violating our HOA bylaws in Florida. Despite informing the neighbor, HOA, and property management over the past year and providing documented evidence, no action has been taken. I've noted property damage and safety concerns and faced requests for high legal fees without resolution. What legal options do I have to compel action and address the ongoing issues?
A: You can call county code enforcement and/or your water management district. You should also consult with an attorney because there is a civil claim for trespass when water is diverted off of one property onto another.
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