Legal Question in Real Estate Law in Florida
My homeowners association will be voting to raise the only access, private road, since it has flooded twice this year, after severe rains. My concern is, by property also floods when this area floods. I don,'t mind that much, I realized upon purchase my land had the low spot in the area, but if they raise the road, my land stands to have to hold all the water. That will do some real damage to my property. I also fear it may cause a hazard to my horses. Is the homeowners association allowed do road work if it causes damage to a landowners property?
1 Answer from Attorneys
The homeowner's association board owes you a fiduciary duty. You should express your concern in writing via certified mail to the association and ask that the board take whatever steps are necessary to prevent flooding of your lot due to the increased height of the road. This could include the installation of a proper road drainage design or a French drain.
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