Fixing Water Issues

His neighbor’s water freezes on the driveway but he won’t fix the downspout and the HOA won’t get involved.

Q: I live in a townhouse cluster governed by a homeowners association (HOA) and a master community association. I have been having an issue with a neighbor’s downspout. I’ve noticed a large amount of water descending from this downspout onto my driveway. I’m concerned because during the winter icicles hang from his gutters and the downspout creates a skating rink on that part of my driveway.

About a year ago, I fell on my driveway, fracturing my hip and a bone in my wrist. I am concerned about my safety due to this situation. I said something to my neighbor and they displayed no interest in the problem. The HOA declined to be involved. So, I submitted a complaint to the community association. That got the neighbors to contact a gutter company to clean out the gutter and downspout. The community association, inspecting from the ground only, determined that my neighbors were in compliance with the community guidelines.

Cleaning Downspouts Doesn’t Fix Water Issues

However, a simple cleaning hardly begins to address the problem with this downspout. I’ve been told that I need to get a gutter expert to support my position on the downspout. That would mean getting cooperation from the neighbor. He’s been told by his gutter company that he needs to take no action. I’ve been told that gutter and downspout problems stemmed from a design issue, which I feel is a baloney excuse. I had a design issue with my front gutter and have replaced it twice to get a proper solution.

The HOA, the community HOA and my neighbors are all aware of the problem. Don’t they have some amount of responsibility or culpability to fix the problem? Do I need to get a lawyer involved?

Downspouts May Not Be Able To Handle Heavy Rains

A: We’re having trouble visualizing your issue. But we highly doubt hiring an attorney is going to help. So, let’s focus on the leaking downspout, your driveway and your neighbor problem.

In heavy rains, some gutter and downspout systems aren’t able to handle all of the water sufficiently. So water sometimes spills over the gutters and down the side of a home. Left long enough, that water can damage the side of a home and the foundation. If this is what was happening, cleaning out your neighbor’s gutters and downspouts was a good idea.

But if climate change is bringing far heavier rains than the gutter system was designed to carry, and you’re experiencing those downpours more often, then your entire neighborhood might need a different gutter system.

Finding Water Issues Is Key To Fixing Them

It’s said that water will find its level. But sometimes where water comes from and how it flows can baffle contractors and other specialists. If the association is unable to do anything to alleviate the water in your driveway, you might have to see if you can resolve the issue in another way.

Can you guide the water away from your driveway? You might consider adding landscaping around your driveway. This could cause the water to shift directions, away from your property. Obviously, we don’t know what hardscape or association rules would prevent you from making any changes outside your property, but it’s worth looking into.

Freezing Water Is A Hazard

If your driveway is slippery only during the coldest of winter months, you might try sanding or salting the area. Or, ask the association to do a better job of sanding or salting. Still, winter in cold weather climates can result in slippery situations. Even if you get this problem resolved, ice may still form on your driveway. That’s a nature problem, not a neighbor problem.

Now, if you were able to fix the issue with your downspout, maybe you can share that with the HOA board. If you’ve documented the issue with pictures or drawings, perhaps the HOA board will be moved to take up the issue. Especially if you’re not the only one complaining about it. Do your neighbors have the same problem? If so, how did they solve it?

Don’t get a lawyer involved until you’ve exhausted other options. If you are still unable to live with the issue, bring your documentation and any suggestions the contractors you consulted with to the initial consultation with the attorney and see what legal options are available to you. But beware, once you hire an attorney, you’ll spend money on fees that could otherwise go toward solving the problem.

Fixing Water Issues