GAINESVILLE, Ga. (CBS46) -- A Gainesville man says the water from his neighbor’s gutters are spilling into his driveway, causing flooding and serious damage every time it rains.

He told CBS46's Melissa Stern his HOA refuses to help.

“It’s accumulating at my front door, which is causing water to come into the front of my house and do damage to my hardwood floors,” said John Whitmire, “I’ve never had this before, it started last September.”

John Whitmire has lived in his Gainesville, Georgia, home for a decade with no issues until now.

“I feel like it was possibly failure to maintain her gutters,” Whitmire added.

He’s referring to his neighbor’s gutters. His neighbor who also happens to be the President of his homeowner’s association, Sandridge Commons.

“So, they just basically sit here and let my house rot,” Whitmire said.

He says he’s reached out countless times, only to be shut down.

“I got a letter back in May, stating that I no longer need to contact them, that they will no longer respond back to any of my emails,” added Whitmire.

He hired several contractors to come out and assess the damage to confirm the gutters are causing the problems, and what they suggest to fix it. One company confirmed the HOA President's gutters are the source of the problem in writing. 

“They suggested to install three French drains, two in the front of my house, and one in the back of my house where I’m also having severe erosion issues. They said that would greatly fix the problem,” said Whitmire.

The HOA attorney responded to CBS46's Melissa Stern and said board members do want to discuss Mr. Whitmire's problem. She did say they tried to work with him but claim he was not cooperative. They also sent him a letter stating that they were through trying to please him and his petty threats. And they also threatened to sue him for harassment.

Sandridge Commons HOA letter

“All I want is my home back to normal, like it used to be. I want the HOA to follow the bylaws in the covenant and repair the damage that was done to my house,” said Whitmire.

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(2) comments

SeeFildstoneFarmsHOAHELL

Sorry to hear of your issues and problems. Have you gotten a Soil engineers report done or even flood engineers report done? Is there a contract between the developer/HOA to make certain gutters are maintained? If the Hoa actually responsible to make certain the gutters are maintained, it falls on them and I would turn right around if you can afford it and sue the he## out of them on a personal note on each board of director and the management company by name its called “Property Endangerment”, it is also called Unfair Trade Practices, you really need to get an Attonery who is well verse in real estate’s laws flooding and of course HOA laws as well. But be careful, you can always get them to buy your home back at full market price but as with all things the HOA/developer will try to buy it for far less money. I would recommend a full report on your foundation plus the cost to cure. By the way you can get a reeducation by way through your county assessor’s office on this very matter until it has been fixed, see if your county assessors will do this I know we did many times helping homeowners out until they could cure the problem every little bit helps.

SeeFildstoneFarmsHOAHELL

Typical of HOA to claim "harassment" when you request they do what you are paying them to do.

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