Normal Maintenance Responsibility of Condo HOA?

So I have a tiny (16 unit) HOA for which I am the treasurer. Our By Law's were last updated in the 80's and don't give very much guidance on what the HOA is responsible for. We recently had a unit owner whose drain pipe from their kitchen sink is clogged underneath the concrete floor. She is claiming that it is the HOA's responsibility. Do you think this should be something that a HOA pays for or should it be the unit owners responsibility? I feel like the pipe is not common until it reaches outside of the unit and joins with the main drain line. Once it reaches that pipe it would be our responsibility, but she disagrees.

How do you handle this situation and what do your by law's say about what should be covered? I'm trying to find examples so I can add it to our own bylaw's but have not found much.

I know this isn't all that relevant, but your NY Co-op or condo the unit owner would NOT be responsible for a pipe inside the wall (or in the floor)?

If there is no guidance, its likely the HOA's bill. If the has a garbage disposal unit on the sink, bill her back for causing it. Vote for all garbage disposals to be removed.

Austin:

Seems like we have a few loose ends that need to be clarified.

Is this the ONLY unit served by this drain? We have two story units where the second floor runs down and connects with the drain through the first floor. Or in your case is this single unit served by that drain?

Not sure how the NY information applies as you don't reside there and in fact some elements outside the paint are in fact the unit owners responsibility here in NY but lets set that aside as perhaps misunderstanding or misinformation. I have served on the Board here in NY for 25 years now and what was stated is simply not the case.

My questions would be who determined where the blockage was located? Their plumber or yours?
IF this drain serves just that unit depending on the documents governing your property this might be the owner's bill to pay as it would be more than likely THEY caused the drain to clog in the first place.

IF your documents are silent on the particular point does NOT mean then the HOA is responsible. IMO this would require the HOA make a determination for this issue and similar issues going forward. Do you plan to cover the cost of ever clogged drain going forward?

Under OUR documents and by an explanation from our attorney, IF this element serves just one single unit that element is maintained at the expense of the unit owner not the property. Unless or until is joins a common drain used by other units OR as you suggest the amin drain serving the entire building.

Case in point, some years ago a party purchased a unit that had been empty for an extended period of time. When the new owner arranged for the utilities to be turned on leaks were discovered in the gas lines SERVING THAT UNIT ALONE because the pipe joints had dried out due to non-use. This required a new gas line be run from the outside meters through the entire building to the oppositie end of the structure. The new owner "believed" the property was required to cover this cost. He was told otherwise. ERnd of story.

If any property allows the uninformed unit owners to decide what costs should be covered
while avoiding any cost to them most would be broke in a short time.

Many times we have been approached by unit owners who wish to impose their opinions as to what and why certain costs should be absorbed by the HOA. IMO this is not a debate, the Board's role is to determine what costs are theirs to cover and which belong to thew unit owners. IF you allow input from the unit owners as to what they FEEL is the way things should be handled you open up the property to covering all future costs and expenses for similar expenses.

to repeat:

"the by-laws would be silent on this issue ..... the by-laws dictate the operation of the corporation

the 'covenants and restrictions' would define the 'architecture' of the structure

if you don't have the 'CCRs' ... get them from the registrar of deeds"

originally from nyc .... yeah yeah yeah, we tend to think like its the whole world and simply say ny

my main answer to the OP was:

"the by-laws would be silent on this issue ..... the by-laws dictate the operation of the corporation

the 'covenants and restrictions' would define the 'architecture' of the structure

if you don't have the 'CCRs' ... get them from the registrar of deeds"

since nyc had among the first co-ops and condos (dating as far back as 1955) many early condos were modeled upon its successes

the OP's CCRs will decide the issue

Make sure to also review the HOA's insurance policy and get the homeowner to review their policy. This may also give some guidance. This is a hard situation to figure out. Half of me is on the side the HOA is responsible for this if it's on a shared slab with multiple units on it like a condo/apartment. If it were an individual house, the the answer would be clearer. That would be a no for the pipe repair if it were a single house. The fact that the slab is the foundation of the rest of the building is where the issue truly lies. This setup may indeed make it the HOA responsibility as it is part of the entity of the building so to say.

Again it is really up to your membership to decide the dividing line when all is said and done. If they believe it's the HOA's slab then from now on it will be the HOA's responsibility and thus the HOA pays for it. If the HOA membership agree it's NOT their slab and the individual's who purchases that unit, then the owner may pay. Either way, you may want to ask a lawyer a few questions in case the owner decides to pursue legal actions.

nope, not really ..... the EXISTING CCRs will determine responsibility

while the membership may decide to change said CCRs it would take a properly noticed meeting, a vote (usually 67% or more), refiling with the registrar of deeds, etc etc

however

the change(s) would NOT be retroactive, so the responsibility for the existing plumbing issue would still remain as determined by the existing CCRs

property maintenance costs money .... surely there is an adequate reserve fund ?

yep, i crack myself up

Austin

One deciding factor will be the type construction. What type construction are your units?