Legal Question in Construction Law in California
HOA common area drain problem
In my HOA there is a common area hill that is flodding my yard with water and mud causing a lot of dammage. The hill has no drain system in place. The board of directors of the HOA is unwilling to add drains stating my yard is to accept the runoff from the hill. Other hills in the area have ditch drain systems. The board also stated that the original grading plan was accepted by the county.
There must be some type of law that would aid me in convincing the HOA to add drains to the faulty design.
Thanks for any advice.
1 Answer from Attorneys
Re: HOA common area drain problem
You have an action in negligence; breach of contract; and, tresspass. The negligence action would join the developer, general contractor and architech with the HOA as defendants. Call me directly at (619) 222-3504.