Legal Question in Civil Litigation in California

Surface drainage responsibility

We are nine abutting townhouses

with a five foot elevation drop across

the south side of the property. Each

lot is separately owned, and other

areas are owned in common by our

association. The original city-

approved plans (from 1971) show

the flow line elevations in descending

levels from west to east across the

south edge of the properties.

The eastern edge of one property is

elevated above the flow line figure,

and the home gets flooded.

What is the homeowners association

responsibility in this matter?

Asked on 12/04/08, 3:01 pm

2 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Surface drainage responsibility

It sounds as though the original builder is long out of the picture. If the flood is being caused by defects located in the common area, the HOA would be responsible for the repair. There are many factors that go into this though, feel free to contact me if you would like to discuss further as some more information is needed to accurately advise.

Yours truly,



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Answered on 12/04/08, 7:59 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Surface drainage responsibility

You really need to retain counsel. This forum is not the best place to get the answers you need. Sorry.

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Answered on 12/06/08, 1:53 pm

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