In Dec., 2010, we bought a home in a Property Association run golf course community. When it rains, rain water comes out of 2 drain pipes located on the edge of the course (not on our property) and runs down by the side of our house. During a heavy downpour recently, the volume of water was sufficient enough to enter our basement and cause a minor flooding issue (soaked carpeting). We have asked the POA to correct the problem by relocating the drains, or extending them beyond our house to the street. They claim that the golf course was there before the house and they bear no responsibility for correcting it. Do we have any recourse?
Answer
You may have recourse against someone. Hire an attorney to review the matter with you. I would not recommend using the attorney who closed the property because they may have conflicts.
Answer
Usually no, as this is a reason you needed to have a house inspector before closing.
But, depending on the details, some situations like this may have a legal recourse. See a lawyer (not one that did the house closing) who deals with real estate law.
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