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RobynH1 (South Carolina)
Posts: 39
Posted:
Recently we had an issue where the main drain stopped up and was cleared by Roto Rooter. The Assoc. paid to have this cleared. This brought up the following debate.

The Assoc. ownes the land, drains, and road. First time a main drain has clogged. At least 17 yrs old.

The CCR say individual HO's are responsible for plumbing. Does not say indoor plumbing only, In the past individuals paid for individual drain clean out. These are one family, l story homes. This is a condo Assoc.

Question is why am I paying for plumbing when the pipes are on common ground. Shouldn't the Assoc. pay for my individual clean out as well as the main drains clean out.

My thoughts are because the individual unit drains service only that homeowner. That is why the CCR only needs to say plumbing. The pipes start under your home and travel to the main drain where it joins the main drain which services
multi-condo owners. CCRs states you own the footprint of your home.

If it turns out we are responsible for individual drains I recommend we remove all garbage disposals immediately.

AirConditioning units sit outside on common ground with connections to the house. Unit owners are responsible for AC
but it sits on common ground.

Thank you for you comments.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Robyn,

You are required to pay for things that considered your responsibility as outlined in your governing documents and/or State condominium laws.

If the issue of plumbing is not well defined (like the member is responsible for pipes that feed their unit/lot and the Association is responsible for the main and/or shared line) then the proper procedure is to amend the governing documents so it is better defined.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Robyn

I guess I am confused by you saying your homes are single, individual, stand alone homes but also a condo association versus a Home Owners Association. But, that said:

Typically someone will be responsible for so much, depending on your type situation.

You say standalone homes where the sewage (drain) lines run from your house to a common association sewage line which then runs to city sewage line.

I say your responsibility for the line is from your house to the common line. If it plugs, you pay to have it cleaned to the common line plus any damage done to your home by such a backup.

I say if the common line plugs then it is the associations responsibility to have it cleaned out. I also say the association might could be responsible for any backup damage caused by it backing up into your house

I say if the city line plugs it is the citys responsibility to have it cleaned out. I also ssay the city could be responsible for any backup damage caused by it backing up.

Many associations do ban garbage disposal units especially where association common drain lines are involved.

Hope this helps.
EllieD (Vermont)
Posts: 446
Posted:
RobynH1,

You describe your buildings as 1 family, 1 story homes. Are these completely stand alone buildings? Would you describe in a bit more detail? Others may be familiar with this type of condominium set up, but I am not.

Based on my experience it takes very careful reading of the applicable Documents, to determine “who owns what” - particularly when trying to define sewer and water lines, and where ownership begins and ends (that is where the physical interface is).

Would you be willing to post exact words from your Documents? Specifically where it states that (from your post):

1. “The Assoc. owns the land, drains, and road”.
2. “The CCR say individual HO's are responsible for plumbing”.
3. The applicable paragraphs in the CCRs “that states you own the footprint of your home”

And also, any other definitions, descriptions, of the Common Ground, Areas, Elements, and what is specifically owned by the Owner.

As I am sure you realize, definitions and descriptions vary from Condominium to Condominium, and of course vary depending upon the type of building construction.
LarryB13 (Arizona)
Posts: 4,099
Posted:
I live in a single family home in a non-HOA neighborhood. The city sewer is located under the pavement in the street. If there is a problem with the sewer line between my home and the connection with the city line, it is my problem. If the city line has trouble, then it is everyone's problem.

If the main sewer is backing up after 17 years, the most likely problem is tree roots. They grow into and around sewer lines and eventually cause total failure. Using Roto Rooter to deal with the tree roots is only a temporary fix if it works at all. Ultimately, the line will have to be replaced either by digging it up or repairing it with some high-tech solution, which can cost more than just digging it up. If your association has not budgeted reserves for sewer replacement, look for a notice of special assessment coming to a mailbox near you soon.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The other posters provided good information and advice. The location of the clog is important and determines responsibility. It can fall between city/county/HOA/Owner. That is anywhere else as well.

What I wanted to add was a view of what your actually asking. You need to understand how the HOA funding works before you want to add or subtract responsibility. A HOA is ONLY funded by it's members FOR it's members. All your dues payments go for paying for all the common elements you all share. It works much like a "Kitty" in poker where you all throw in and the one with the best hand or bluff wins the pot.

If your asking the HOA to take over some of the plumbing issues traditionally covered by individuals, then you are asking that ALL the members pay for everyone plumbing issues. How do you feel about paying some higher dues or a special assessment to cover someone else's drainage issue? The only real benefit from that as an individual owner is the cost would be spread out reducing some expense but it would be spread out amongst ALL the owners.

So be careful about what your asking for. Do you want your dues money to pay for additional work and without knowing if the work is valid or not? You and your neighbors just agreed to pay for it? Its best to leave some costs as individuals and NOT as a group.

Former HOA President
RobynH1 (South Carolina)
Posts: 39
Posted:
John,

Our Assoc. is in the county on 15 acres. We own the roads and I believe the sewer system but we do not have a treatment plant and are charged every two months for sewer. I assume our waste travels to yet another main sewer
in the county somewhere. We have 64 units. 4 plexs, 10 doubles, the rest singles unit structures. All 1 story.
The drive has only one manhole on the drive the rest of them are in common ground behind the units amoungst the
pampus grass. My point earlier was these are not high rise or 2 or 3 stories high buildings which take on a whole nother plumbing issue. We all ave individual lines to the main sewer lines.

Wording that follows is from the Dec of Covs.

Maintenance and Repair:

Every Owner and the Association shall have an easement upon, across, above or under the lots and additional property lots, of the common area and the additional property to the extent reasonably necessary to enable Owners and the Association to maintain, repair and improve the portions of the Common Area and the lots and the Additional lots that the Association or the Owners are required or permitted to maintain, repair, or improve, provided exercise the rights under said easement shall not unreasonably interfere with the other Owners and their tenants and occupants and only during business hours, except for emergencvy repairs.

10. Maintenance Obligations:

a) Owner's Obligations,
Each Owner shall be responsible for maintaining, repairing,replacing and improving the interior surfaces and all glass and doors, the heating,ventilating, air conditioning, electrical and PLUMBING of all Buildings located
on the Owners lot and all other portions of Buildings and Improvements located on the lots owned by that Owner,
EXCEPT for the provisions of subparagraph (c) below concerning the maintenance, repair, replacement and improvements of common structural components, walls and roofs between adjoining lots.

b.) Association Obligations:

The Association shall maintain in constant good order all protions of the Common Area, and all components of the Buildings that provide structural support, all exterior facings of the Buildings (except for glass and doors)
all roofing and shingles and other portions of the Property not required to be maintained by the Owners.
The Association shall delegate its duty to maintain, repair, replace and improve portions of the Property for which it is responsible to a manager pursuant to a written management contract for 1 year unless mortgagees consent to self-management. The Declarant and or the Association may at any time convey said road (drive) within the Common Area to said county subject to its approval and acceptance.

We all have condo policies with backup of sewer and drains. I assume the master policy has the same. This is being checked on.

I don't know if this will assist you in anyway.

My thoughts are owners are responsible from unit to main drain. Assoc. is responsible for main drain cleanouts.

Sorry this is so long.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MelissaP1 on 01/22/2013 6:16 AM
The other posters provided good information and advice. The location of the clog is important and determines responsibility. It can fall between city/county/HOA/Owner. That is anywhere else as well.

What I wanted to add was a view of what your actually asking. You need to understand how the HOA funding works before you want to add or subtract responsibility. A HOA is ONLY funded by it's members FOR it's members. All your dues payments go for paying for all the common elements you all share. It works much like a "Kitty" in poker where you all throw in and the one with the best hand or bluff wins the pot.

If your asking the HOA to take over some of the plumbing issues traditionally covered by individuals, then you are asking that ALL the members pay for everyone plumbing issues. How do you feel about paying some higher dues or a special assessment to cover someone else's drainage issue? The only real benefit from that as an individual owner is the cost would be spread out reducing some expense but it would be spread out amongst ALL the owners.

So be careful about what your asking for. Do you want your dues money to pay for additional work and without knowing if the work is valid or not? You and your neighbors just agreed to pay for it? Its best to leave some costs as individuals and NOT as a group.

What Mel says is correct and important.

The HOA is us, not them.

We have met the enemy and he is us.

Pay me now or pay me later.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Robyn

As you posted:

Each Owner shall be responsible for maintaining, repairing,replacing and improving the interior surfaces and all glass and doors, the heating,ventilating, air conditioning, electrical and PLUMBING of all Buildings located
on the Owners lot and all other portions of Buildings and Improvements located on the lots owned by that Owner


It keeps saying "owners lot" where as in a condo there usually are no lots and once something passes ouside the condos wall, the association is responsible yet your docs say "owners lot" which confuses me.

This makes me say that if it is a single home on a lot then until the sewage line joins the "other line" somewhere even if outside "your lot", you are responsible.

Now in a multi unit building "on a lot" then the question is when/where on the lot do the pipes merge and become "common"? I expect they joioion outside each unit but "on the lot" before it joins the common line so each unit responsible until it joins a common line.

The "your lot" is confusing the issue.

EdmundS1 (North Carolina)
Posts: 45
Posted:
I agree, need to clarify "your lot". In our development, "your lot" is the footprint of your home. Anything beyond that is "Common Area" and the HOA's responsibility.

If that's the case where your at then it makes it rather simple, inside the house - your responsibilty...outside the house - HOA responsibility.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Edmund

I have often heard what you refer to as being called Zero Lot Lines where as in my stand alone home HOA our lot lines are the edges of our property.

I say in Zero Lot Line, then association responsibilty as soon as that line leaves your wall as it is then on common property.

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