Case # 726-O, Romaine Chase v. Georgian Colonies Condominium (August 19, 2005) (Panel: Pettey, Leeds, Vergagni)
The homeowner (HO) of a townhome filed a complaint against her homeowners association (HOA) for failure to resolve the chronic flooding of her basement allegedly due to improper drainage of the neighboring lots and defects in the mansard roof system of her and other units. The HOA answered stating that it had made some changes to the grades but that the patio installed by the HO in back of her unit might be improperly sloped and a cause of the problem; the HOA also denied any defects in the mansard roofs.
After a full evidentiary hearing, the Panel determined that there was sufficient evidence to show that the mansard roofs in the development might have construction or design defects that could cause leaks from ice dams in the winter, and ordered the HOA to perform the tests recommended by its own experts and to make any repairs the experts recommended. The Panel further ordered the HOA to hire a stormwater managment expert to examine the grading and to make any changes required by the expert. Finally, because the evidence was inconclusive concerning the slope of the HO's patio, the Panel ordered the HO to have a qualified expert examine the patio and determine its grade, and to make any corrections necessary to properly slope the patio away from the house..