Q: I live in a townhouse cluster that is governed by a community association. I’ve been having an issue with a neighbor about their gutter, which extends over my driveway.
This summer, I noticed a large amount of water spilling from this gutter onto my driveway. I was concerned, because during the winter the downspout causes a skating rink on that part of my driveway. About a year ago, I slipped on the ice and fell on my driveway, fracturing my hip and a bone in my wrist. As you can imagine, I’m concerned about my safety this winter.
I said something to my neighbors about the gutter, and they ignored me and showed no interest in the problem. I submitted a complaint to the community association, which resulted in the neighbors hiring a company to clean out the gutters. The community association then determined that my neighbors were in compliance with the community guidelines. However, a simple cleaning hardly begins to address the problem with this gutter.
People tell me I need to get a gutter expert to support my position on the gutter placement and that my neighbor’s leaf guard system makes the problem worse. I’m told the gutter problem stemmed from a design issue, which I feel is a baloney excuse. I had a design issue with my front gutter and had to replace it twice to get a proper solution.
The community association is aware of the situation, as is my neighbor. Don’t they have some amount of responsibility or culpability to fix the problem? If the community associatio