The firm’s homeowner clients received a favorable jury verdict last week in a drainage and flooding case pending in Forsyth County Superior Court.  The verdict was for $66,000 against three sets of defendants.   The case was fun to try and we want to thank the jurors for their careful consideration of the evidence and application of the law.

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4 Responses to Jury Verdict

  1. B says:

    I am a member of a Town Home Association in Xxxxxxxx and the original 15 year old underground drainage system on the complex has been obstructed or collapsed. My unit floods when it rains and continues to damage my flooring and walls.
    I have approached the HOA about this and they laugh telling me it’s my responsibility to maintain drainage. There is little I can do to correct this problem and in the bylaws it plainly states they are responsible for maintenance of drainage.
    I still have to pay my monthly dues which is astronomical compared to the few amenities we have and they also have an outstanding balance owed to the City for an unpaid water bill inspite of sitting on a fund in excess of xxxxxxxxx.
    I recently put my Town home up for sale and disclosed this information on the sellers statement.
    They went to the HOA and the husband of the president told the realtor and buyer that my unit floods and that the HOA owes a back water bill. This severed my contract with the buyer. Not only will the HOA not do anything about the drainage and flooding problem, they are ensuring I cannot sell my unit. I am so glad to see that someone is finally holding these HOA’s accountable to something more than just taking and misusing money. Thank You for inspiring hope that something can be done legally to hold my HOA accountable for their part of the bylaws.

    • steague says:

      Some of theses associations work in self destructive ways. Associations need to address system problems in a centrally organized way.

  2. truly frustrated says:

    I am a homeowner who lives in a subdivision with no HOA. The subdivision plat shows easements throughout the s/d that have not been maintained xxxx Storm water from the s/d is being directed onto our property and is beginning to flood my home. This is not been a problem up until about a year ago – although we cannot identify what has changed etc. We have been to the county and they are saying they are not responsible to enforce the easements which have all been filled in over time – and there is NO way for us to get the water off our property without our neighbors restoring these easements. We are being told we have to sue our neighbors to make them restore the easements. Have you represented similar cases ? xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    • steague says:

      Unfortunately, this is not an unusual set of circumstances and no one wants to sue their neighbors. The process for determining responsibility for the easements would start with a search for the owner of the easements. Usually, but not always, the owner of the easements has the obligation to maintain it. If the owner of the easements is not a single entity, such as a governmental entity or a property owners association, then it is possible the persons who use the easements are the ones who own the dominant estate(s) in the easements. Regardless, the county may still have some measure of responsibility associated with maintenance if the county owns streets, curbs, and gutters that direct water into the easements. There are a lot of factors to consider, and nothing in this reply should be taken to offer any advice or a specific opinion regarding your rights. We do a lot of this work.

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