The Drawings for our HOA Complex show a pathway marked as "HOA Easement" passing in front of a row of townhouses that is used as a common area walkway -- along which no individual townhouse owner has the right to chose to restrict access, exercise control or apply an entry toll -- yet, as a result from a common area repair roof-water rainage blockage on which the HOA shouldered the costs of repair nine-years or so ago, water accumulates on this pathway because 4' x 4' paving stones were not aligned and correctly leveled when they were reset into their original position. As a direct consequence, torrential rain causes serious water pooling that seeped through the porrous brick-facade siding of our end-unit townhouse and flooded the basement.
This problem was reported to the HOA many times over the intervening years without them endeavor to right this problem. Then, more recently, this water pooling directly caused the previously cited water pooling and the consequential flooding of our basement that overwhelmed our sump pump. The other part of our HOA-managed complex was built with a sub-standard water-main system that requires HOA approved expenditures of $ 11,000 on upwards each year. However, because good-ole Nationwide HOA insurance (who is not on anybodies side!!!) rejected the claim for our flooding, the HOA only approved paying for clean-up but not interior carpet and bookcase, etc., damage and, so far, has not leveled out the offending pathway. Does HOA Easement rights make it the responsibility of each townhouse for this pathway?