Legal Question in Real Estate Law in Florida

Rain water drainage

In a recent rain storm, flooding of my condo was the result of water draining from surrounding units of the complex into my back/patio area. There was over three inches of water inside the unit. To my knowledge, no other unit had flooding of this extent. Assuming that the statute of limitations has expired on the developer, is it the responsibility of the HOA to rectify the situation by providing proper dainage? If not the HOA, then who?

Asked on 12/22/00, 2:45 pm

1 Answer from Attorneys

Barry Ansbacher Ansbacher Law Firm

Re: Rain water drainage

Before you can assess responsibility, you need to fully understand the cause of the flooding. Is it a new situation, or did it exist at the time the condo unit was sold to you? Were changes made to the common areas which caused or increased the problem? Once you know the full facts you may discover that the seller, builder, developer, home inspector, realtor, and/or association are responsible. Given that any investigation may reveal facts helpful or harmful to your situation, it is best to engage a lawyer who can then hire the inspector thus assuring work product protection from discovery.

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Answered on 12/27/00, 7:59 am

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