HOA Drainage

[bobcat1995 71]

Looking for some advice about how to deal with the HOA and a possible drainage issue causing my retaining wall to fail.  So I have included pics of the pond, spillway and wall.  What is not shown, is that there are 3 more small ponds that feed into the large pond . When it rains, all the water from the top of the neighborhood drains down the hill into the 3 small ponds and  then into the big pond (pictured.)  All the extra water spills over and down a small creek in the green space behind my house.  During moderate to heavy rain, the water coming off the spillway flows against the corner of the wall.  Also, the house is about 15 years old.      

I have contemplated two course of actions.  First, call the HOA, which really only consist of one overly active member and other members I don't know and seeing if we can come to an agreement.  The president of the HOA (overly active) lives just on the other side of the small pond not pictured.  

Second, call an engineer and have then complete a report with videos and pics of the spillway after a rain.  Once the report is completed and if it says the water from the spillway is a contributing factor to the failure of the wall, I contact the HOA and see if we can come to an agreement.

You can see debris from the latest rain at the bottom of the tree, next to the corner of the wall.

In Dallas........Thanks for your help!!

 

TL DR:  HOA's Suck!  Need engineer report!  Need retaining wall recommendations! OU Sucks!!

[williemackgarza 1826]

We do lots of work for local HOAS & MUDs around Austin. We are constantly paid to repair similar areas by the HOA or MUD.
Is this wall a private wall owned by you or is it HOA owned? Hopefully its HOA owned, but sound like not. So if is owned by you was it installed by an engineered construction plan, either during your initial house construction or after the fact? I hope it was engineered or you may be opening up a can of worms if not. Id befriend the HOA prez, take him out for a drink or golf. Become buddies. Then later mention your wall. HOAs have tons of money for maintenance or for screwing over their members if needed.
Looks like the wall is a structural retaining wall and is failing due to the runoff and or lack of design on your wall. Water drainage areas like that are common in neighborhoods but should not cause wall failures.
Maybe hire an engineer on the down low to see what he thinks. Sucks to be in your spot. HOAs are notorious for being pains in the ass, but know the right board member and they may build you a new wall on their dime.

[Gil Bang 26235]

Hmm.  Do you have any lawyer buddies?  If so, let THEM hire the engineer, so the report is work-product, and protected as such.  

[bobcat1995 71]

The wall is owned by me.  It was built be the company that developed the lots in the early 2000's.  My house was built in 2003.  We are a small community with only about 120 homes in the HOA and from my attendance at meetings, I don't believe there is much money.

 

As for the attorney, would it be wrong to retain a lawyer neighbor, who use to be on the HOA board? 

[Nice Guy Eddie 13729]

Zero expertise in this area but it seems like they did a great job of a runoff channel down the hill but fell short of continuing the channel to the creek further down the hill. Water run-off  shouldn't just block a sidewalk and create a swamp.   Couldn't there be some drainage pipe added just before the sidewalk and then over to the creek?  That would seem to be a relatively cheap solution that should handle the vast majority of rain situations?   Creates a nice safe and clean walkway for the residents.

 

[bobcat1995 71]

Lets see if this works.  This is a video from a couple of years ago.

 

http://vimeo.com/user107739077/review/386263590/3c9259af68

 

 

 

 

 

[dcbc 14644]

On 1/21/2020 at 10:18 AM, bobcat1995 said:

Lets see if this works.  This is a video from a couple of years ago.

 

http://vimeo.com/user107739077/review/386263590/3c9259af68

 

 

 

 

 

Link's dead.