Question
Hi.  My name is Heather Anderson.  I have just purchased my first home in January and I'm having an issue.  You see I have purchased one in six brand new townehomes and they are all flooding.  Everyone else's pre existing townehomes seem to be draining fine but our backyards are always flooded.  Since I'm under warranty, isn't it the builder's responsibility to some back and fix this issue?  They are basically giving me the run around and I don't know where to take the next step.  Please help.

Answer
Hi Heather, In most cases, it would be the builders responsibility to correct drainage problems that might cause structural damage, unless one of the other property owners has done something to cause the problem. The builder/landowner usually, must accept the natural runoff from uphill neighbors.  If he has modified the natural flow to cause harm to any property he may be legally responsible to correct it.  However, water in your yard during periods of rain and a reasonable period of time afterward, may not be considered flooding.  I'd try to rally all the homeowners and talk to the builder.  If it's serious enough, file a complaint with your local Better Business Bureau and then decide whether the homeowners should/or want to pursue other options.
Take lot's of pictures for documentation and get an engineer to come give you an opinion on the severity of the problem.  Jim