HOA’s insurance company - HOA easement & driveway collapse
A few weeks ago, my driveway suddenly collapsed. After some initial inspection, it was determined that the cause was a failed 96” storm drainage pipe running underneath the driveway. This pipe is in an easement, common area, which means it’s the HOA’s responsibility—not mine as the homeowner. The CC&R’s clearly state that the Association is responsible for the maintenance, inspection, and repairs of the retention basin.
It’s been 6 weeks since the incident and since then, I’ve been trying to get the HOA to take action. They had a contractor and inspector out, and they’ve submitted a claim to their insurance company. However, progress has been really slow. I haven’t received clear answers or timelines, and the damage continues slowly worsen by the day.
To make things more complicated, I’m currently part of a construction defect lawsuit—along with other homeowners—against the original builder. The HOA and the law firm plan to include this drainage pipe failure in the existing lawsuit, since their initial review suggests it was likely caused by “defective construction”. The law firm says they’re now waiting for a temporary repair recommendation from a geotech engineer expert. Once they have it, they’ll send it to the HOA board for review and approval (or denial of the repair).
In the meantime, I got a message from the HOA’s insurance company saying coverage is still under review, but that I have a “duty to mitigate damages and should contact MY property damage insurance (WHAT?!?!). That’s confusing and frustrating, since the drainage system that failed is owned and maintained by the HOA—not me. I’m doing my best to stay on top of everything and keep communication professional, but it’s exhausting, and the lack of urgency from all sides is really frustrating.
Would love to hear your thoughts—am I being unreasonable here? What else should I consider?
Location: ca
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