HOA should be liable for mud damage to property

Q: My community recently experienced a microburst, and erosion from the empty parcel of land behind my property caused mud to flow into my water feature and landscaping. Other homes had major damage from the storm. The property behind mine is owned by the HOA and is not accessible to homeowners. We share a fence that separates the properties.

I notified the HOA manager that their mud flowed into my yard. The bottom of the shared fence is under the mud. The HOA manager says that restoring my yard is my responsibility. I can’t find anything in the CC&R’s that says who is responsible when the land owned by the HOA damages the owner’s property.

Do you have any insight or experience with this type of situation?

A: Regardless of the association’s covenants, this comes down to the fact that the association owns the land and the damage to your property is a direct result of the mudslide to your property.

You should obtain a couple of bids to restore your landscape. Afterward, send a registered letter to your association that they need to make repairs or you would be forced to take them to civil justice court.

Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to [email protected]