FORT LAUDERDALE, Fla. – Question: The irrigation system in my area of our community has not worked for several months. I had new landscaping put in around the time it broke. I pay our homeowner’s association dues every month, and those include the irrigation system. My water bills are sky-high from having to water the plants every day. Can I make the association fix it, and can I get reimbursed for the hike in my water bill? – Mary Ann

Answer: Make sure the board of directors is aware of the problem. If you know a board member, speak to him or her directly. Also, you might consider attending the next monthly board meeting, where you can find out what’s going on and whether there is a good reason why this hasn’t been repaired.

It does not hurt to ask for reimbursement. I have seen cases in which associations cooperate with a reasonable request. But if there is no negligence or purposeful bad action from the HOA, a judge is not likely to award you the money.

Until the situation is resolved, you will need to continue watering your landscaping. You would not be entitled to reimbursement for damage that could have been avoided.

If you can show the association is intentionally not doing what it’s supposed to do, you may have a case. But carefully consider whether you’re up for protracted litigation with your neighbors. In situations like this, the time and expense usually are not worth the hassle.

About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation.

Source: Sun Sentinel (Fort Lauderdale, Fla.), Gary M. Singer.