I'm having problems getting my HOA to resurface my flooded balcony.

[kohefokex]

Hi,

I live in San Diego, California and my balcony floods every time there is rain. Although this only occurs 5-6 times a year, it is pretty unconvenient having a puddle on your entire balcony for a week to two after every time it rains. Usually I sweep it off once the rain is gone.

But realizing that I pay $360 a month for HOA fees, and the balcony is considered a common area, I feel this should be covered by the HOA. The problem with my balcony is this: the slope of the balcony does not slope outwards as it should so that any water would fall off the ledge and there is no drain.

I have contacted my HOA, provided pictures, they did a water test, where they flooded my balcony and sure enough it didn't drain. Now they are saying that since the puddle is only an inch or less, they don't need to take care of it??? I stated in my original e-mail(for dramatic effect) to the HOA, that I had a 2-3 in. puddle. Anyways, what should my next course of action be? There is nothing about puddles on my balcony in my CCR's, but I think this is a clear case that it should be covered by my HOA. Any advice or suggestions?

Thanks!

 

[army judge]

Hire a lawyer that hates HOA's as much as I do.
You gotta fight fire with a flamethrower and a fire hose!

 

[pw47617]

HOAs are corporations! Two-thirds of the membership of a HOA can dissolve the corporation. A corporation is NOT a country club and once I educate all of you homeowners that common areas are nothing more than land use created by a developer who is a corporation who turned over the maintenance of common areas to another corporation called a HOA versus turning it back over to the county who approved the development and zoned it RESIDENTIAL. Amazing how y'all think that a HOA can stop me from painting my house PINK with PINK flamingos in the front yard. By the time a house wife who is a BOARD member could figure out what to do, I will be dead and buried. BOARD members are running a corporation and sueing them for a breach of fudiciary duty is how I will win my Circuit Court case in the Commonwealth of Virginia.