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  1. #1
    Join Date
    Oct 2015
    Posts
    1

    Default What Can You Do About Water Runoff from a Neighbor's Roof

    My question involves a condominium located in the State of: California

    I live downhill from my attached neighboring townhouse roof. The rain water from the top of her roof can be directed toward her property which has a gutter or directed towards my property, which hits the siding of my townhouse. I contacted the neighbor and HOA to ask the neighbor to fix the problem because the rain water runoff is slowly causing damage to the siding of my townhouse. The neighbor said she would hire a contractor to fix the problem if I paid for the cost. Is there a law (either state law of HOA rules) that will force my neighbor to fix the problem out of her pocket?

    I don't want to wait until the damage to my siding is so bad that it needs repair, and take her to court to recover my costs. I'd like to get ahead of the problem. I'd like a property law code that I can submit to HOA as proof to have her pay for the cost.

    El Nino is on it's way to California so I want to fix the problem as soon as possible.

    Thank you,

    Mike

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Water Runoff from Neighbor's Roof

    Quote Quoting griderpoly
    View Post
    My question involves a condominium located in the State of: California

    I live downhill from my attached neighboring townhouse roof. The rain water from the top of her roof can be directed toward her property which has a gutter or directed towards my property, which hits the siding of my townhouse. I contacted the neighbor and HOA to ask the neighbor to fix the problem because the rain water runoff is slowly causing damage to the siding of my townhouse. The neighbor said she would hire a contractor to fix the problem if I paid for the cost. Is there a law (either state law of HOA rules) that will force my neighbor to fix the problem out of her pocket?
    No.

    Quote Quoting griderpoly
    View Post

    I don't want to wait until the damage to my siding is so bad that it needs repair, and take her to court to recover my costs.
    You'd lose. Rain is an act of God. It would fall on your siding anyway.


    Quote Quoting griderpoly
    View Post

    I'd like to get ahead of the problem. I'd like a property law code that I can submit to HOA as proof to have her pay for the cost.
    There isn't any law that would compel her to fix the problem.

    If it's that important to you, pay for the remedy just as if you had to fix a similar problem on your on house.

    It would probably cost you a lot less to redirect the rain away from your wall by installing additional rain gutters than it would be to replace your siding.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Can You Do About Water Runoff from a Neighbor's Roof

    Quote Quoting griderpoly
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    The neighbor said she would hire a contractor to fix the problem if I paid for the cost.
    Is this a problem with the way the gutters were originally designed? The result of a modification? The result of something being broken and in need of repair? How long has the problem existed?

  4. #4
    Join Date
    Feb 2015
    Location
    California
    Posts
    14

    Default Re: What Can You Do About Water Runoff from a Neighbor's Roof

    As a former Director for an HOA, I say you should not be relying on a law, but the CC&Rs.

    If your CC&Rs required the HOA to pay for common areas, and your siding is part of the common area, your HOA is required to fix this problem.

    If your CC&Rs require all homeowners to repair the siding and roofs individually (but I hardly think that is true given it is townhouses), then you will have to sue your neighbor, not the HOA, to get the source of the problem (i.e. the water hitting and damaging your siding) fixed. Just you fixing the siding will not resolve the issue, since it will just continue until your new siding is damaged as well.

  5. #5
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: What Can You Do About Water Runoff from a Neighbor's Roof

    If the problem was created, as Mr. Knowitall was getting at, by construction that happened after your home was built, a modification of your neighbor's drain system from a configuration that previously prevented this situation, or of some part of her system being broken, then you probably can prevail if push came to shove. The costs of actually going through the motions to legally compel her to make the repairs, including getting proper legal advice from a local attorney, will likely cast as much or more than paying for the gutters and downspouts on one side of a townhouse.

    Although I agree that being a good neighbor includes taking reasonable steps to ensure that the improvements on one's property do not cause damage to neighboring properties from rain runoff or other controllable causes, it may be more effective for you to pay to do that for her since she has indicated that she would agree to that much.

    Look at the bright side: she could refuse to even allow you to pay for the fix, leaving the problem in place and you without any recourse that doesn't involve spending a lot more money and time while building mutual animosities along the way.

    I do also like the idea of looking to the CC&Rs. Having an active HOA, and being in a townhome development where most or all of the exterior areas are considered common space, it is quite possible that there may be a provision that either places the responsibility on the HOA to make the repair, or obligates them to compel your neighbor to fix it.

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