I’m suing my neighbor over flooding trapping me in my home – it’s so bad I have to call my son to rescue me

DESPERATE homeowners have turned against each other after terrifying flooding threatened to trap an entire neighborhood in their houses.

The furious homeowners’ association in Longwood, Florida, which is about a 20-minute drive from Orlando , sued their neighbor in June and blamed her for the flooding in a bitter legal battle.

WESH

WESH

The Shadowbay Club Homeowners’ Association filed a lawsuit against Diane Goglas for having a storm pipe clogged with concrete, which the homeowners say caused the flooding.

The neighborhood became frustrated as the Florida streets filled with water every time it rained due to the lack of a storm pipe.

“So obviously, I’m not a happy camper,” resident Maggie Cintron told local NBC affiliate WESH .

“I can’t pull my car out of the garage,” she continued.

“I’ve literally had to call my son because he has a truck to come and pick me up to take me to doctor appointments and things like that.”

In March, Goglas sent a letter to her neighbors telling them a drain pipe was being installed on her property without her permission, according to local Fox affiliate WOFL .

“I advise you of this because once I close that pipe off, you will have a drain problem that will back up on the road and on your property,” she wrote in the note.

County officials reported that Goglas hired workers who plugged the drainage pipe with concrete in April, according to WESH.

Goglas defended the decision in court testimony last week, saying that she’s faced a decade of sinkhole issues on her property.

“The [contractors] put cement to meet in the middle to fix the two broken areas,” Goglas said.

“I was just trying to make things right because I didn’t understand.

She continued, “I just bought a house, and I’m having all these issues with it.”

Goglas went on to say she’s had issues with the house since 2013.

She told WOFL that she filled in two manholes and “that broken pipe” because she didn’t want erosion on her property.

What is an HOA?

One in five Americans live in an area with a Homeowners' Association - or HOA. But what exactly is it that they do?

• An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
• Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
• They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
• Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
• They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
• Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
• An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
• Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
• HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
• But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.

“I’ve been having issues with sinkholes, washouts, erosion, a gentleman’s lake went through the ground,” she said in court, WESH reported.

“The fire department came out, and they advised that it’s been ongoing for 30 years.”

However, the neighborhood had problems of its own due to the flooding. The HOA’s attorney said that yards, streets, and driveways flood every time it even sprinkles.

“The problem is getting worse with the peak of hurricane season here,” attorney Barbara Stage said, WESH reported.

‘IRREPARABLE HARM’

The judge sided with the HOA in court last Thursday and said the flooding could’ve prevented help getting to someone in need.

“The court does find that there was irreparable harm,” Judge Donna Goerner said.

“At least one of the residents did not have oxygen tanks delivered to their homes. This is a resident who could’ve died.”

PRICE TO PAY

Goglas was ordered to fix the pipe and pay a $15,000 bond to the court within 10 days of the hearing, which she might be reimbursed for once the civil case is finalized.

She either has to remove the concrete in the drain or build a new pipe to feed into the wetlands areas behind her home.

Officials told Goglas that if she doesn’t comply by October 1, she’ll face a daily fine of $250.

As she walked out of the courtroom, she told reporters that it was a “community thing.”

“It’s relief for all these homeowners who have been stressed, they have lost sleep, they’re worried about their own safety,” Stage added.

The U.S. Sun has reached out to Stage and Goglas for comment.

WESH