Hollywood Hills homeowner stuck with street drain liability from 1981 deal

A Hollywood Hills homeowner says he is legally bound to maintain a street storm drain in perpetuity under a 1981 covenant — an agreement reached when his property was the only home on the block, but one that now covers drainage for 12 additional houses the City of Los Angeles permitted in the decades since.

The dispute highlights a gap in how Los Angeles manages aging infrastructure obligations tied to decades-old building permits, raising questions about whether individual property owners should absorb costs that multiply as city planners approve new development on the same street.

Brian Bolain, the homeowner, said the 1981 agreement was drawn up as a condition of his building permit at a time when no city drainage infrastructure served the street. "When the house is built, it was the only one here on this street. And so the city said we don't have any infrastructure yet. If you want to build the house, we'll permit it. But you've got to put in a drain and then whoever owns a house after you for perpetuity needs to maintain that drain," Bolain told ABC7.

In the decades that followed, the city permitted 12 additional homes on the block without requiring any new owner or developer to contribute to the drainage system, Bolain said. "The city has permitted and added 12 more homes. They never asked another owner or developer to add drainage. They never made any accommodation for drainage. The city acknowledges that they know the street needs better drainage," he told ABC7.

When Bolain sought relief, he said officials directed him back to the legal document. "They say, well, the architect and builder of your home signed this agreement in perpetuity, and you're stuck with it now. So good luck," he told ABC7. City officials estimate new drainage infrastructure would cost approximately $3.7 million, according to ABC7.

Bolain said the arrangement could expose him to lawsuits from as many as 15 households if the system fails during a rain event. "I'm afraid that I'll be the one who gets sued, right, and I don't want to carry the responsibility for 15 homes, you know, for water drainage in a place where the city really should be providing that," he said.

In an effort to end the standoff, Bolain offered to personally pay to upgrade the drain and donate it to the city. "I'll do anything to get rid of the ownership of this because I don't want the liability. So yes, if it costs me $40,000 to fix it and then gift it to the city, I'm happy to do it," he said. The city declined the offer, according to ABC7.

Councilmember Nithya Raman's office acknowledged the situation but stopped short of committing to a repair timeline. "Our office is aware of the concerns raised by the homeowner and understands the frustration surrounding a drainage system that no longer appears aligned with the needs of the surrounding neighborhood ... This location has already been identified by the City as a potential flood control improvement project, but like many major infrastructure improvements, implementation depends on citywide prioritization, design, and available capital funding ... We will continue to work on a solution with relevant City departments," a spokesperson said.

Bolain remains the sole legal owner of a storm drain serving a neighborhood he did not build, with no confirmed city funding or schedule in sight.