The permit for the drain may or not exist, from 30 years. There is a 5 foot easement. Who is liable for repair of the storm drain - especially as it doesn't drain m my property at all, but instead drains the community from the street to a creek (part of Chesapeake Bay Watershed)
Are you asking for yourself or the HOA? If you have identifiable land affected by the runoff, then you have the right to get it fixed. If it's 'common land' then the HOA has the standing.
Either way, it's very complicated and depends on a number of issues including the history of title to the respective properties, the natural watercourse, etc.
AVVO is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area – AVVO has a ‘search’ feature that can help you.
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