HOA and water damage issues

Hello, thanks for reading this post. This is a matter concerning my friend's family. Due to the recent tornado activity in Orange County, California, his home was water damaged. It turns out that the problem could have been prevented if the HOA properly managed one of the drains that was outside the outer walls of the house. It was clogged with dirt and because of that the water backflowed into his house. According to what he says, the drain was responsible for letting out all the water flowing from several homes including his very own one, so the drain must be for common purposes.

Current situation is that HOA(homeowners association) is not being responsible for the problem. The entire first floor that was wetted could develop toxic molds sooner or later and I am worried about this. How should the homeowner approach HOA? Is there a way to tell them straight that they have the legal obligation to fix the damages? He doesn't have home insurance yet, so he cannot claim the damages anywhere else.

No Insurance: OUCH!

As for the HOA issue: Your friend needs to mitigate his damages and start the clean-up right away. This is one of those issues where he will have to recover expenses as opposed to wait for the HOA to do the work. This is where Insurance would have stepped in!

I would think the cost of this issue will force the HOA to deny any claim of responsibility. However, your friend might be able to convince them to submit it to the HOA insurance. Of course I would wager that the HOA Insurance will also deny the claim. In which case, a lawsuit would be needed to change their minds.

I would be concerned about claiming the drain was not maintained. While it may indeed not have been, it does not mean that Mother Nature did not dump more in it than it was designed to handle. That dirt and debris your friend saw could very well have been placed there because of the storms. In that case, it would seem there was no neglect on the part of the HOA.

I can't stress it enough to have your own insurance. If your friend had it, his Insurance would handle everything, even seeking recovery from the HOA if warranted.

Good Luck to you and your friend.