The sediment pond located behind my property and long the road of our development has been full and overflowing on my property for more than a month and has caused my basement to flood along with another neighbor's. The property management company that was appointed by the HOA to oversee maintenance within the sub-division has refused to comply with the Groundwater Protection Planning on record with the county stating that if water remains in the sediment pond for more than 72 hrs they are to clear the pond. They have also ignored calls to them until I mentioned I was going to seek legal advise. I am stressed about how the foundation of my house will hold up with the excess water is flowing on to my property and causing an additional workload on my sump pump. My house is only 16 months old.
The property management company does not dictate or control things - the HOA's board does. Go direct to the Board and seek enforcement of the Groundwater permit. If the HOA refuses to act, is speak to a local attorney familiar with HOA law about your ability to go directly to the county agency that issued the Groundwater permit and seek enforcement directly.
TO ALL QUESTIONERS: I provide this answer in an effort to assist and guide only. The answers are qualified further by you providing the full and complete facts and background or not, and by the space limitations of this forum. The answer does not serve as a substitute for a live sit-down with an attorney. In no way is any answer to be construed as a formal giving of legal advice nor is an attorney-client relationship formed. You are not permitted to quote or refer to answers given in any court pleading or hearing. TO QUESTIONERS FROM WV & NY: Although I am licensed to practice in your state, be advised that I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. Being licensed to practice there, however, does not provide me with the detailed knowledge of local procedures and practices that comes from day-to-day work. It is always best to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline