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AnitaC5 (South Carolina)
Posts: 16
Posted:
One of the homeowners had ongoing problems with the A/C drain resulting in the flooding of the unit below them several times over the last 2 summers.

They had 6 or 7 plumbers come in to work in it, and was told by each, they could not trace the drain line.
They finally found a plumber that would “fix” their problem. Now there is a pvc pipe running down the front of our building. Our bylaws state that no pipes may be affixed to the building. This is especially ugly because it is the first you see when you drive up. It has been spray painted gray, it does not match the building paint and it is still obvious.

The wife had said the HOA could pay a professional to remedy the situation, the husband said under no circumstances is anyone to touch the pipe.

It is driving my husband crazy that they can run a pipe down the center of our building without any recourse.
BobD4 (up north)
Posts: 1,002
Posted:
Presuming yours is a condominium community, the questions to be asked include :

1- Is the piperun location within the condominium common element as Declaration-scheduled ?

2- WHO are the "they" installers/hirors above ?

3 Were the works directly and lawfully pre-authorized by the condo corporation itself ? If not, by whom and with what authorization ?

( Try to research if your state allows Indoor Management Rule exemptions to condo contracts.

As in : "The superintendents or Santa Claus authorized me as PMC to register my BBB bogus borrowing bylaws, which I next used to steal $22 million from careless lenders and then to flee beyond extradition to Bangladesh despite several ignored warnings to cops !" ( true except for the reference to 'supers' )

4 If there was a common element modification agreement CEMA put into place, was it complied with ? If there was some form of pre-installation registered and documented CEMA, does your state's condo law require preliminary M&A mediation & arbitration as a pre-hurdle prior to direct civil court application for removal ?

You didn't ask about the liability for the leak itself (? insurable loss / statutory recovery of master policy insurance deductible from the source unit ?)
TimB4 (Tennessee)
Posts: 21,059
Posted:
OK, let me figure this out -

Your upstairs neighbor has a clogged drain.
The clogged drain caused problems in your unit.

The upstairs neighbor finally found a plumber who fixed the drain issue by running a pipe outside the building (unknown if it was with or without COA permission).

You are now upset because of the visual impact the pipe has.

Is this correct?

As for who's responsibility it is to fix the drain, that would be within your governing documents.
If it is the Associations responsibility, I would suggest joining forces with the upstairs neighbor and have them fix the drain as they are required to do.
If it is the neighbors responsibility, I would suggest joining forces with the Association and urge action to make that happen.
AnitaC5 (South Carolina)
Posts: 16
Posted:
Quote:
Posted By TimB4 on 12/01/2014 2:23 PM
OK, let me figure this out -

Your upstairs neighbor has a clogged drain.
The clogged drain caused problems in your unit.

The upstairs neighbor finally found a plumber who fixed the drain issue by running a pipe outside the building (unknown if it was with or without COA permission).

You are now upset because of the visual impact the pipe has.

- NO! -
- NO! -
- NO Permission! -
- YES! -

AnitaC5 (South Carolina)
Posts: 16
Posted:
Quote:
Posted By BobD4 on 12/01/2014 9:06 AM

1- Is the piperun location within the condominium common element as Declaration-scheduled ?

2- WHO are the "they" installers/hirors above ?

3 Were the works directly and lawfully pre-authorized by the condo corporation itself ? If not, by whom and with what authorization ?

( Try to research if your state allows Indoor Management Rule exemptions to condo contracts.

As in : "The superintendents or Santa Claus authorized me as PMC to register my BBB bogus borrowing bylaws, which I next used to steal $22 million from careless lenders and then to flee beyond extradition to Bangladesh despite several ignored warnings to cops !" ( true except for the reference to 'supers' )

4 If there was a common element modification agreement CEMA put into place, was it complied with ? If there was some form of pre-installation registered and documented CEMA, does your state's condo law require preliminary M&A mediation & arbitration as a pre-hurdle prior to direct civil court application for removal ?

You didn't ask about the liability for the leak itself (? insurable loss / statutory recovery of master policy insurance deductible from the source unit ?)

1 - The home owner said the line could not be traced, and that it was connected to the pipe for the downstairs unit making it a HOA issue. (If it could not be traced then how would that be determined, He also blamed the carpenter for replacing some of the wooden boards earlier this year - it does not explain why it flooded last year)

2 - The Home Owner's 2nd hand info from any of the many plumbers they hired.

3 - The upstairs home owner repaired the downstairs unit. I do not know if it was done through their HO insurance or personal funds, It was not through the building insurance.

4 - I don't even know.

The wall the pipe runs down is a 3 story wood wall with horizontal slats. This pipe is in the middle of the wall and centered on our driveway. He has gone out with gray primer and painted the pipe (and wall behind)

There had to be a different remedy to this. He must have gone through plumber after plumber until he found one that would do what he wanted.

This is the same Homeowner that cut half the limbs off a large live oak (Right over his 2 parking spaces) to keep the birds dirtying his car. I had concerns for this now all the weight is over our neighbor's side/house. He got the HOA to have a tree trimmer come out and out of his pocket he had them "take a few extra limbs". Now that OAK is scalped up one side.

His wife is the secretary/treasure and he tried a hostile take over of the president earlier this year telling her she needed to step down. She did not back down.
BobD4 (up north)
Posts: 1,002
Posted:
HOA or condo, the answers to the above need you to review the governance documents (with your purchase documents & and later amendments) to answer the above.

While trespass claims between individual owners allow the wider community to slope-shoulder involvement, the directest rout is to establish IF - IF- some form of unauthorized, buckshee common element trespass has been illegally carried out. Want to wait till the paint starts peeling off that visible pipe run ? Unless having management's /the BoD's ear it is very likely futile to beef without the credible stuff.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Anita,

Are you on the Associations Board?

If not, contact the Board and make them aware of the pipe.
Once they are aware of the issue, they can take action.

If you have contacted them, what did they say?

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