Legal Question in Real Estate Law in Colorado
Grading and draingage
Our HOA hired an arborist, landscaper, and tree installer to place a new tree on our property. Between the four groups someone decided the new tree and tree ring should be placed in our drainage swale. The tree and tree ring now block over 9 years of historical drainage. Water backed up creating pooling and ultimately a sink hole filling our finished basement with water causing thousand of dollars in property losses. Our HOA is responsible for maintaining grading a drainage according to the declarations. We did not request the tree, we did not decide where to place the tree, we did not select the maintenance method of the tree. We pay the HOA a monthly fee to maintain this part of our property.
Do we have a case against the parties?
1 Answer from Attorneys
Re: Grading and drainage
Sorry about the problems. This is complicated. In theory, any number parties could be liable. The HOA likely has the defense that one of these parties was the expert on the matter and should have known of the issues.
I would recommend that you contact an attorney. The first place to start is with the HOA and let them go after the parties they think should be liable.
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