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POA water shed issue

Discussion in 'Homeowners Associations & Boards' started by CommonCitizen, Sep 5, 2018.

  1. CommonCitizen

    CommonCitizen Law Topic Starter New Member

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    North Carolina
    I own a lot, with home, inside a gated community of about 800 homes, controlled by a POA. In the covenants it clearly states the POA is responsible for all road, bridges, and surface water drainage.

    My lot adjoins a paved street and the lake. There is a 30 inch culvert running under the street located nearly directly in the middle of my lot. The culvert empties to a catch basin, which then runs through a pipe and empties into an open drainage ditch which empties into the lake.

    There is an easement on all lots giving the POA rights to 5 feet on each side of every lot which I cannot encroach (this is where the ditch is located).

    The culvert, catch basin, and drainage ditch were in place when I purchased the lot in 2002. In 2010 a 16 inch water discharge pipe was located by the POA uphill from my lot and all water from the pipe now flows into the culvert/catch basin in front of my lot.

    When we receive more than 5 inches of rain in a 24 hour period the flow being fed into the culvert exceeds that capacity of the culvert and the water overflows the street, often as much as one foot deep, which then flows through my lot on its way to the lake. This flow is often 12 inches deep, has uprooted two 20 foot maple trees, moved 20 tons of riprap more than 15 feet from my lot into the lake, and caused significant landscaping expenses.

    I have petitioned the POA every year since 2012 to correct the problem, every year they recognize the problem but state there isn’t enough money in the budget to fix right now. This year I informed the POA (via register mail) that I would have to seek a settlement in court. Upon receiving the letter the POA visited my lot, noted the situation (again) and 24 hours later sent me an email stating they were not responsible for the drainage issue.

    Additional information, on the same street where I live, in 2017 there was an almost exact same situation as I face and the POA completely replaced the culvert, catch basin, and drainage ditch. I also am aware of at least two other instances where this has been done in last 5 years.

    Does this sound as if a case which has merit in court or should I save my money and fix the damages that will happen in the future on my own?
  2. army judge

    army judge Super Moderator

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    You alone must decide what to do, and how you wish to spend your assets.

    I would choose the latter course, but I wouldn't be in this fix because I never would buy a home controlled by a bunch of little thugs pretending to be "IMPOTENT peepulls!"

    You copuld discuss this with a couple attorneys in your county and then decide.

    Most attorneys offer free consultations, which allow you to meet the lawyer and ask questions for about 20-30 minutes.

    You also can gather information and costs, should you wish to pursue legal action.

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