Legal Question in Real Estate Law in California
Drainage Issue....HOA
The patio surrounding my unit is my property, however, the drains in the patio are also accepting runoff and debris from the roof of the entire building. I'm not sure if other patios are also feeding into this drainage pipe that runs under a tree at curbside and out into the street.
During heavy recent rains the patio drains backed up, rose above the level of my sliding glass door and soaked my new carpeting.
When I called the HOA, they sent out a restoration company to dry out the carpets but now are saying they will not clear the drain because it is not common area.
Last year the HOA had roof work done and the patio was covered with a heavy layer of dirt and small pieces of debris.I swept up as much as possible but no doubt much probably still went into the drain and may be contributing to the slow drainage. I also think that it's possible that there may be some blockage between my patio and the street.
Is this drain system entirely my responsibility when what goes into it is not within my control?
1 Answer from Attorneys
In my opinion, cleaning this drain at least once is a shared responsibility for the reasons set forth in your facts - drainage area and debris from the roof job. Also, asphalt shingles tend to shed roofing granules which are dense and can clog gutters and drains.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
