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MarilynG (Colorado)
Posts: 1
Posted:
My window well was improperly installed when the townhome was built in 1998, in Colorado. It was placed too close to rebar causing rust & an extension that had been put on was not sealed. It also was not attached properly to the property & I have had water issues from the beginning. The HOA put a faulty drain about 6 inches from the window well & on the 1st heavy rain, the water drained into my window well & a small amount into the house. It was suppose to drain away from the house. They say the window well is an "assumed window" & that I have to incur all or possibly half of the expense to replace the window well. They have indicated that they have nothing in writing to back up their claim that they do not cover window well replacement. I have contacted my insurance company & they emphatically state that it is the HOA's responsibility. Who should pay?
TimB4 (Tennessee)
Posts: 21,047
Posted:
Marilyn,

Without access to your governing documents or insurance policy, it's impossible to answer your question. If your a condominium, your governing documents and/or deed should specify who has responsibility for what. If the documents are silent or open to interpretation, you and your Association will need to reach an agreement or have the issue resolved in court. If your town home is not a condominium, then your documents and/or deed should show where the property line is and you would be responsible for most things that are on your property.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Seems like the drain is the issue. Forget about the window well. Ask them to fix the drainage issue.

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