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HOA with contaminated private well

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Draaen

New member
I live in MA and am part of a 10 unit HOA which gets water from a private well for all 10 units. All 10 units are supplied water from the well via a common pump house on the premises. Our well water was recently tested during a pending unit sale and was found to have high levels of arsenic and coliform bacteria.

I called the HOA and they said they had not maintained the pumpand well. Nor have they done any routine monitoring of water quality. They claim since our HOA is under 10 units they are not legally obligated to do any any of those activities. Further they argue they are not responsible for any corrective remedies of the well.

Is this true or a generous interpretation of the law for them? It seems to me as the pump house and well are common structures they have some obligation to maintain them. If they do have an obligation and by their own admission neglected to do so there should be sone legal responsibility to at the least correct the issue.
 


adjusterjack

Senior Member
With only 10 owners you ought to be able to get enough owners together to vote out the old board and vote in new people who will take care of the well.
 

LdiJ

Senior Member
With only 10 owners you ought to be able to get enough owners together to vote out the old board and vote in new people who will take care of the well.
I agree, but with a 10 member HOA clearly there won't be any cash available, in the HOA, to pay for the well. Therefore a special assessment will have to be paid by the 10 members in order for the HOA to pay to repair/replace the well. Therefore in reality, the individual owners are going to be paying for the well, whether the HOA handles it or they have to handle it themselves.
 

FarmerJ

Senior Member
Gotta ask 2 things how far away is the nearest city water line ? and is this place on a so called septic system? mound? old style drainfield ? old cesspool tank ? Coliform could be from a leaking septic system in poor shape o or one that is too close ?
 

FarmerJ

Senior Member
Forgot to ask the last time here , if there is city water lines near by have you contacted your city/ county to learn if there is a mandatory hook up ordinance when a private well or septic system has failed ? I ask this because it can and does happen to property owners and if that is your case then ask if your city had a loan program that will let all of you stretch out the connection fees paying over a number of years
 

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