Homeowner's Association

[dallas110275]

What is the name of your state? Mississippi

We have a member of our homeowner association that has had a previous problem with flooding. The developer added drainage away from their residence approximately 2 years ago and now they have flooded again. They say it is the homeowner's association responsibility add additional drainage to divert water flow away from their home since they feel that the water is seeping in from the common ground area. We feel that they should go back to the developer. No alteration has been done to the common ground area adjacent to their residence by the Association, but the owners did level and add dirt and sod to an area adjacent to their residence on common ground. The developer says he is not responsible since they altered the original design of the natural flow of water.

Keith
[email]dallas110275@hotmail.com[/email]

[HomeGuru]

This is a tough call. Either the homeowner or the HOA should hire a civil engineer to investigate the drainage conditions and review the development civil building permit plans to determine the complete history. Then form an opinion as to liability to correct.

[dallas110275]

the homeowners that have been flooded say they have already had new surveys done but we have not received any of them. this homeowner previously filed a lawsuit against the developer after they moved in about 4 years ago but he counter sued and both lawsuits were dropped with prejudice. i understand they say they can't go back to the developer. we feel that they are wanting us to go after the developer since they can't, but we feel they created this situation and they want the community to pay for the problem they created themselves by dropping their previous lawsuit. we have an association attorney who says we are only libel to maintain the common ground and are not responsible for the design of the drainage or any over the top water damage. our attorney says that we are a 3rd party and we cannot sue one party for another. their attorney says the board should pursue anyone that is libel to these homeowners.