« ELECTIONS RULES - IS A RUSH TO THE ALTER A GOOD IDEA? | Main | RECALL EFFORT - WHO PAYS? »
May 8, 2006
DRAINAGE ISSUES - WHAT TO DO? WHAT TO DO!
One of my frequent visitors on the website (http://www.californiacondoguru.com) asked this question:
"We have a lot of drainage problems in our complex. There is nothing in our CC&R's about drainage in the common area nor do I see anything written in Davis-Stirling. Who should we have inspect our buildings for drainage and how do I/we know if it is causing problems to the building?"
If there are signs of any kind of drainage problems, or a spurt of actual problems and similar topography and conditions throughout an association, a board should certainly consider having an inspection by a drainage expert, soils engineer, or geotechnical engineer. Someone qualified to assess slide damage probably has the expertise. Since I am not a contractor, there may be more resources. Googling anything is a good way to gather more technical information on a potential problem. The right kind of expert could determine the extent of the threat to buildings or otherwise.
In any case where there are indications of potentially serious problems, a board should check it out by talking to the right kind of expert. This could include structural defects, sinking buildings, water stained ceilings or walls, termite and/or dry rot reports that indicate the possibility of widespread problems, signs of mold, slippery walking surfaces, sidewalk cracks and other trip hazards, etc. A board has a fiduciary duty to address potential problems and investigation of the signs is just a threshhold requirement. The duty is even more prevalent when there are signs or the Board has knowledge of a potential hazard or maintenance problem. The next inquiry is what should be done and when, if there is a problem identified. The expert can help with that, and the association's lawyer can help with the extent of duty.
Now, back to drainage. There are so many potential problems if drainage issues are not addressed properly: water intrusion, mold, damage to property, personal illness, flooding, slides, road and bridge washouts, etc. There are so many things that need to be controlled in risky drainage situations. There may be a need for french or other type of drains, gutter/downspout diversion, prohibitions on hot tubs or ponds, etc. that require occasional draining and cleaning, strict landscape/architectural controls and review processes to avoid exacerbating drainage issues, the need for expert review of plans, removal of trees with serious root issues, and other fixes.
The only way a board will know is to get a realistic assessment of the situation, by the right kind of expert. And in California, board members can protect themselves from individual, personal liability for mistakes if the Board consults the right kind of expert in a situation that requires a certain type of expertise to resolve or pose possible resolutions.
So don't say "drainage - schmainage." Just say "help".
Posted by Beth Grimm at May 8, 2006 10:40 PM