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Does our HOA have the obligation to repair errosion issues in common area that is affecting the value and well being of a home?

Parkville, MD |

I go to every HOA meeting in my comunity (1 of only 5 that actually go). We have been warning the HOA Board and practically begging for them to fix the erosion problem behind our townhome that is not only a safety issue, but is hurting our home value and making our small yard even smaller. The Board has already recognized that there is a problem yet will not do anything about it. I have sent emails, asked at meetings, etc but they don't act. We pay $65 per month and it seems like they are not holding up their end of the bargain. What are my options? Thank you for listening.

Attorney Answers 1


If the erosion problem is on common area, then the HOA should have the obligation to correct it. If the Board refuses to act, you should obtain a lawyer to contact the HOA; if the HOA is still unwilling, you may have to sue for an injunction ordering the HOA to make corrections and, if provided for under your HOA documents, for your attorneys fees. Alternatively, you could contact the HOA's insurance agent or carrier; typically the insurance company will require the HOA to correct a dangerous situation.

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