MarieL (Illinois)
Posts: 82
Posts: 82
Posted:
I live in a 34 unit Illinois Common Interest Comminity. Our utilites ,natural gas,electricity and phones are underground the complex. Are these utilities common elements ?
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underground utilities
Started by MarieL • 11 replies • 2500 views
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JohnB26 (South Carolina)
Posts: 1,001
Posts: 1,001
Posted:
depends who owns them
if HOA owned, then yes they are common elements
if utility co. owned, no they are not common elements
DOH
if HOA owned, then yes they are common elements
if utility co. owned, no they are not common elements
DOH
BanksS
Posts: 403
Posts: 403
Posted:
Not likely those types of utilities are owned by the Common Interest Community. In the context of common elements it could be things like swimming pools, playgrounds, parking lots, roads. In my Common Interest Community, the sanitary sewer is owned and operated by the Association. At one time water wells were owned and operated by the Association. The roads were too. Now the county owns the roads and water is provided by a rural water company.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
I am not nor do I play a lawyer.
The utilities are more then likely run to the buildings, units, homes, etc. in what is called an easement. It could be common land, privately owned land, etc. but the utility company has right of way/access to it 24/7. They can come in and rip it up to make necessary improvements/repairs.
Not sure this has anything to do with the OP's question, but.....
The utilities are more then likely run to the buildings, units, homes, etc. in what is called an easement. It could be common land, privately owned land, etc. but the utility company has right of way/access to it 24/7. They can come in and rip it up to make necessary improvements/repairs.
Not sure this has anything to do with the OP's question, but.....
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By MarieL on 07/15/2014 3:36 PM
I live in a 34 unit Illinois Common Interest Comminity. Our utilites ,natural gas,electricity and phones are underground the complex. Are these utilities common elements ?
I live in a 34 unit Illinois Common Interest Comminity. Our utilites ,natural gas,electricity and phones are underground the complex. Are these utilities common elements ?
Is this a single building condo?
Sikubali jukumu. Read all posts at your own risk.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By MarieL on 07/15/2014 3:36 PM
I live in a 34 unit Illinois Common Interest Comminity. Our utilites ,natural gas,electricity and phones are underground the complex. Are these utilities common elements ?
I live in a 34 unit Illinois Common Interest Comminity. Our utilites ,natural gas,electricity and phones are underground the complex. Are these utilities common elements ?
As previously mentioned, utilities usually run in, on, over, or under an easement.
Using water as an example, the pipes running to a building belong to the water company, as does the meter. The pipes on the other side of the meter belong to whoever owns the property. If it is a condo, then the pipes on the user's side of the meter would likely be common elements. In a community of stand-alone houses with individual meters, the pipes would belong to the water company on one side of the meter and the other side would belong to the property without being a common element at any point.
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By MarieL on 07/15/2014 3:36 PM
I live in a 34 unit Illinois Common Interest Comminity. Our utilites ,natural gas,electricity and phones are underground the complex. Are these utilities common elements ?
I live in a 34 unit Illinois Common Interest Comminity. Our utilites ,natural gas,electricity and phones are underground the complex. Are these utilities common elements ?
I doubt it. The utilities are most likely owned by the utility companies that provide the services. The utilities usually run in an easement through the common elements.
I know in the case of our association that's exactly the how it is because I have seen the documents.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Marie,
I'm sure that there is a reason why the question came up. If you care to elaborate, the responses could be more specific rather then generalized.
I'm sure that there is a reason why the question came up. If you care to elaborate, the responses could be more specific rather then generalized.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Tim just a WAG here (wild a**ed guess) but I'm willing to bet that someone is claiming that since they run through the common elements they should be included in the condo fee.
Marie if in doubt read your CC&R's, somewhere in there will be the boundaries of the individual units, a definition of the common and limited common areas and what is included in the assessment.
Marie if in doubt read your CC&R's, somewhere in there will be the boundaries of the individual units, a definition of the common and limited common areas and what is included in the assessment.
Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Tim just a WAG here (wild a**ed guess) but I'm willing to bet that someone is claiming that since they run through the common elements they should be included in the condo fee.
Marie if in doubt read your CC&R's, somewhere in there will be the boundaries of the individual units, a definition of the common and limited common areas and what is included in the assessment.
Marie if in doubt read your CC&R's, somewhere in there will be the boundaries of the individual units, a definition of the common and limited common areas and what is included in the assessment.
Studies show that 5 out of 4 people have problems with fractions
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
In our community, the lines belong to the owner from the point they enter the unit. The Association is responsible for the line from the point they leave the unit to the connection point and the rest belongs to the city or utility. Check your documents.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
I went back and looked at old posts and Marie lives in a town home community. This could be a condominium or a fee simple HOA. The old posts did not clarify which.
Marie,
I also live in a town home community. It is a fee simple HOA and the homeowners are responsible for anything that deals with their home. Our responsibilities would be:
Water: from the meter to the house and all pipes within the house (as others have pointed out, the actual meter belongs to the water company).
Sewage: from the main line to the home and all pipes within the home.
Electric: from the meter throughout the home. Typically, the meter housing is also the homeowners responsibility but the meter itself belongs to the power company. Note: if cables prior to the meter are damaged due to digging without contacting miss utility first, the power company can charge you for the repair work.
Phone: From the disconnect box (attached to the house) and all wires within the home.
Cable: All wires within the home except the main feed to the set top box decoder
Satellite TV: All wires, the dish itself, mounting hardware and the LNBs.
Internet: All wires from the disconnect box to inside the home (but some providers will provide service to those wires as well).
Gas: all pipes from the meter to the home and within the home.
Hope this helps.
As others have said, if you are in a condominium, the governing documents should specify. If they are silent, then it's open for debate. However, it's likely that your Board would interpret it the way I described above.
Marie,
I also live in a town home community. It is a fee simple HOA and the homeowners are responsible for anything that deals with their home. Our responsibilities would be:
Water: from the meter to the house and all pipes within the house (as others have pointed out, the actual meter belongs to the water company).
Sewage: from the main line to the home and all pipes within the home.
Electric: from the meter throughout the home. Typically, the meter housing is also the homeowners responsibility but the meter itself belongs to the power company. Note: if cables prior to the meter are damaged due to digging without contacting miss utility first, the power company can charge you for the repair work.
Phone: From the disconnect box (attached to the house) and all wires within the home.
Cable: All wires within the home except the main feed to the set top box decoder
Satellite TV: All wires, the dish itself, mounting hardware and the LNBs.
Internet: All wires from the disconnect box to inside the home (but some providers will provide service to those wires as well).
Gas: all pipes from the meter to the home and within the home.
Hope this helps.
As others have said, if you are in a condominium, the governing documents should specify. If they are silent, then it's open for debate. However, it's likely that your Board would interpret it the way I described above.
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