Is HOA responsible for Drainage easement causing damage to my property?

6 feet at the rear of my property running along the back are used for a private drainage easement that is to be maintained by my HOA. I have no physical access to it. At the front edge of the easement there is a block wall with a concrete base. Water has eroded under my wall and is causing serious damage to my property and the foundation of the wall. My HOA has told me they do not feel the drainage channel has built to code therefore they say it not their responsibility to fix the concrete in the channel. The county maps clearly state the HOA is responsible for all maintenance of this Easement.. HOA says I am on my own to fix the problem... I disagree. I am not asking for them to fix the damage to my property but fix the cause which is in the drainage easement.

Las Vegas, NV -

Attorney Answers (1)

Shawn G. Pearson

Shawn G. Pearson

Real Estate Attorney - Reno, NV

Doesn't sound like a terrible case to me. Probably time to visit a lawyer who can make a formal demand on the HOA on your behalf.

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