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Sprinkler Damage To Security and Front Door

What rights are available to me as two sprinkler irrigation heads were misaligned and sprayed water directly on my security and front door that caused the front door to swell causing rubbing at the bottom of the door and the door frame. At the time it was nearly impossible to open the door it took all my efforts to do so. I brought this to attention of the HOA requesting they make repairs they are pushing back on me under a section of the CC&Rs that the damage is caused by me & I am liable. I disagree as homeowners do have control over the how the landscaping services sprinkler irrigation setup as it beyond my front door threshold & considered HOA common area. I have provided pictures with details of events. The property manager sent over an email to the HOA Board but the information is slanted, skewed to seem as the damage was caused by the homeowner when it is from the HOA installed sprinkler system. What can I do as I am concerned the board will vote down my request, cite that I am responsible & have 30 days to repair & this will be placed in the executive board meeting minutes. I have submitted documentation of photos along with a letter of explanation to the board to present my side of the situation. I am frustrated regarding this matter as the property manager has misrepresented the events that have happened so the HOA will prevail.
Thanks.

1 Response

  1. DennisL

    Kgraham,

    The argument that your community manager provided you just once again demonstrates the ignorance and incompetence’s of these community manager. While i would agree that damage caused to common property would be the responsibility of the homeowner to repair which is what that provision in the declaration most probably states. That provision is also present in Arizona Law . But what is happening in your case is that a provision of the common elements is damaging your private property which is the total opposite of the provision in your governing documents. The association is first responsible to ensure that the watering sprinklers are adjusted in such a manner as to not damage the common property of the building or the private property of the individual unit owners on the fist floor of your building. The association is responsible to repair your door.

    Dennis

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