One frustrated Oregon homeowner turned to Reddit for help with sorting out a thorny maintenance issue their homeowners association didn't want to address.
"We just had an ice storm, but this issue has been going on a lot longer than the winter time," the Redditor said in their post on r/HOA. "Where is the line?"
The original poster attached two photos of their problem: one showing the side yard between two homes, complete with mud, dying grass, and a huge puddle, and one showing their front yard, where runoff from the area is eroding the soil and washing it onto their driveway.
They also shared a screenshot of their HOA's governing documents, which specify that the HOA is in charge of maintaining the residents' front yards and home exteriors as well as the common areas.
"In the summer time, I had reached out to my HOA to see if they would cover the cost of a French drain," the original poster explained. "The HOA currently landscapes this area and has a sprinkler head in the middle of this area so I assumed that this was covered by the HOA."
The Redditor said they initially got a promising response from the HOA, but after a consultation with its lawyer, the association changed its tune. "They got back to me and said they had their lawyer look over their CC&Rs and per policy that is out of scope and it is not covered at all by the HOA."
Flooding like the original poster is experiencing is an eyesore and a breeding ground for mosquitoes. The soil being washed into the gutter, along with fertilizer and herbicide from the lawn, can pollute water sources. And, that much moisture that close to the home can even damage the siding and foundation.
A rain garden would be a practical and attractive solution, but HOAs often stand in the way of that kind of eco-friendly update in their quest to keep the neighborhood uniform.
However, residents can fight an HOA decision or even change the rules by following the HOA's existing processes.
"I would go to the board and make an argument that by installing drainage they will save themselves a ton of money, since they are responsible for the maintenance of the building exteriors and sitting water against the exterior is obviously going to accelerate deterioration," said one practical commenter.
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