overwatering neighbor

kitykat(6a)September 1, 2013

This is a brand new subdivision with tiny lots. A neighbor moved in three weeks ago and is watering 4x/day. (Oh, and it rained 1 1/2" this morning!) The backyard lawns are 13 ' x 48'. He is the only other house on the street and three lots away, also a bit higher. The long (48') dimension of these yards slope towards a storm water inlet three lots away. Ultimately there will be seven homes along this line, his #2, mine #5.

My yard is a perpetual bog, with continual seeping from his rear irrigation. I cannot walk across the yard without sinking. While I have sent a note to the Developer/HOA (a bank) to meet and discuss the problem, I am reading what I can about others' experience.

The HOA rules require grass, but the mowing company cannot mow the back for several weeks now... too wet. An additional 13' of property was to be a drainage swale, but height disparity with another acreage to the rear made the developer construct a retaining wall. Now the 'swale' is in front of the wall and 6' of my little yard.

I understand the law prevents obstructing the 'natural flow of water' and assume this applies to naturally occurring, ie: storm water, as in from Mother Nature. But, what does one do about man produced water flow? Can one person make another's yard un-useable? Anyone with ideas or experience?

I have only met the neighbor briefly, but have observed some of his actions across the yards. He is brusk and semi-sarcastic, seems to be someone who does as he pleases. I think the HOA 'helping' him with appropriate sprinkler settings might be better than some woman asking him to please stop flooding her yard.

If they will not take up the challenge, what next?

Help please???

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Do you attend the HOA meetings? The first thing you need to do is civilly talk to the neighbor. That will be the first thing the HOA will ask you. Do it in "question and answer" tone and invite him to check out your lawn problem. Be sure that he is over-watering his lawn (which should hurt his lawn too) and that he is unwilling to change is watering practice. If you can record the conversation, do it, even without his knowledge. The HOA usually has a dispute resolution person you can speak to otherwise attend the meeting and declare a new business topic. This is actually a very common occurrence in HOA neighborhoods (be thankful you have one), The HOA may go back to the developer to resolve the problem or resolve it themselves. Attend the meeting to keep up to date on what they resolve. This unfortunately takes some time. Your description is not clear so I cannot suggest a physical solution which you would have to get the board's approval (permit) for. If you took a picture and posted it here, it would be more clear. You will have to show photos to the board anyway. A good foot print with standing water in it would be effective for the board because ultimately you could sue the board and board members over this. Read the HOA rules on the permit process as well. By the time you are done you can become a very good board member. Let us know what transpires. I can give you some pointers as this goes along. Later on I will tell you why. JMHO Aloha

    Bookmark   September 3, 2013 at 12:01PM
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