A homeowner whose property was damaged by mud flowing from an HOA-owned parcel during a recent microburst is being told by the association manager that restoration is the homeowner's responsibility. The empty land behind the property is owned by the HOA and is not accessible to homeowners, and the shared fence separating the properties is now buried under mud.
The homeowner could not find anything in the covenants, conditions and restrictions addressing liability when HOA-owned land damages a resident's property. Barbara Holland, an author, educator and expert witness on real estate management issues, said the association should be liable regardless of the governing documents.
"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," Holland said.
Holland advised the homeowner to obtain a couple of bids for landscape restoration and send a registered letter to the association demanding repairs. If the HOA refuses, the homeowner would be forced to take the matter to civil court.
The response was part of a column that also addressed other HOA topics, including financial statement access under NRS 116.31175, vehicle regulations, water repair invoices, speed limits, eviction authority and board meeting minutes.
Sources: Las Vegas Review-Journal
Original reporting: Las Vegas Review-Journal →
English (US)·