Michael Hunter

April 7, 2014

Who pays for water damage from HOA’s irrigation system?

Q: My homeowners’ association (HOA) maintains a community-wide irrigation system in our neighborhood. The community’s restrictive covenants state that if an individual homeowner damages the system, he will be liable for the cost of repairs. The irrigation system is over 20 years old and there have been many repairs and upgrades to the system as a result of leaks. Recently one of the underground lines ruptured and flooded my basement. The HOA claims it’s not responsible for paying for the damage to my basement because the casualty wasn’t the result of its negligent or intentional conduct. Can you clarify why the HOA isn’t responsible for damage done by an irrigation system that it is required to maintain?

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