Water and sewer line, leak, single unit, repairs

The issue that prompts me to write is that the board of our small (21 units) property has been notified of and responded to a hidden water line leak. The leak damaged ceiling and wallboard of the unit downstairs.

The leak came from old, galvanized water supply lines. In this case, the supply line served only the upstairs unit. Each unit has its own cut-off valve but not a meter. There is a common meter for the entire property.

There have been leaks before on our property, and in cases of water line leak or sewer line leak where damage was done, the costs have been ultimately paid by users of those lines, units affected/damaged and by the HOA. Basically, shared payment.

We think that under our by-laws, a service line like this is defined as a Common Element and Limited Common Element. I.e., it appears to us that Limited Common Elements are a subset of Common Elements. The by-laws make it clear that the HOA is responsible for maintenance and repair of Common Elements, but best we can tell, the by-laws are silent on who exactly is responsible when Limited Common Elements fail.

My questions:

Just in general, is it the Unit Owner (or possibly two Unit owners, if a line served two units only) who is served by a water supply line responsible for maintenance of that line? I'm speaking of a water supply line that is not within the Unit space of the unit served by the line. For instance, here, the water line leak is present in the duct of the downstairs unit.

Okay, then what about the electrical wiring? What about the wires that exit a junction box and then lead to only one unit. Even when these wires are located in otherwise common areas like crawl spaces?

These same questions could apply to sewer lines. Some sewer lines serve only one unit, but then of course at some point that line joins with another line and then another until the sewage is conveyed to a main line. At what point is the HOA responsible?

From a property management standpoint, it would probably be better for the HOA to oversee all these lines that are within ducts and so forth; i.e., that are not within the Units proper. That way, the HOA can "manage" the risks of problems like an old water supply line leaking.

So, from that standpoint, water and sewer lines and electrical lines, except those within the Units, would be like rooftops and outdoor pavement, they would be managed and paid for by the HOA.

Just wondering how the costs for maintenance of water supply lines - particularly those that serve only a single unit - is handled in your HOA.

Robert

Tim,

Thanks for the reply. "Unit" in our deed/by-laws (which are pretty old, from 1983) "means the enclosed space consisting of one or more rooms...not owned in common with the Unit Owners of other Units....boundaries shall be the interior surfaces of its perimeter walls, floor and ceilings and...includes the air space so encompassed, excepting Common Elements."

The definition continues with some other points, and concludes with, "It is intended that the term 'Unit' as used in this Master Deed shall have the same meaning as the term 'Apartment' as used in the Act."

I don't have a copy of the Act, but I would guess – based on what is written in the Deed here, and on the general use of the word apartment – that our deed basically restricts the Unit to the inside of the various platted Units.

The pipe leaks are in places outside of the space of the Unit Owner. Even though the pipe itself serves only the one Unit Owner.

Our by-laws also contain a def. of Limited Common Element: "...means all Common Elements contiguous to and serving exclusively a sing Unit or one or more adjoining Units as an inseparabale appurtenance thereto.... Said LCEs shall include such fixtures and equipment located within or adjacent to a Unit and serving only such Unit...pipes, ducts, electrical wiring and conduiets located entirely within a Unit or adjoiring Units...as lie outside the Unit boundaries.

The def. of LCE seems to say that the LCE are first of all Common Elements...but special Common Elements.

I think historically, because they are not as Common as, say, the outside lawn areas, or the car park, or the main water line, or the main sewer line, or the roof, our BODs, over the years, have treated them, as far as responsibility and repair costs, as partially the responsibility of the Unit Owners served by those particular Unit Owners. This may be wrong, though it makes some common or intuitive sense. I say wrong, because nowhere in our by-laws are the repair and maintenance of LCEs distinguished, really, from the repair and maintenance of any other Common Element.

Any more thoughts from you?

Robert
Tennessee