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JerryB9 (Illinois)
Posts: 2
Posted:
I'm a homeowner and part of a corporation whose purpose is below. In regard to our sanitary services, the corporation's bylaws state:
ARTICLE IX
SANITARY FACILITIES
Section 1. All sanitary drainage must be directed into a properly constructed connection with
the sewer system of the Corporation's central sewage disposal system. Sanitary facilities
must comply with the requirements of any state, county, municipal or other governmental
law, ordinance or regulation.

The corporation is outside of city limits and is part of a township.

Last week, the main sewer line clogged and water from the main sewer line clog backed up through my private connection and spewed storm water into my basement. I suspect damage incurred by me to be in the $7,500 range.

While the Corporation paid for the unclogging of the main sewer line...and the plumber called will verify that it was the main sewer line, and not the connector pipe to my house, that was the cause, the Corporation is refusing to pay damages to my property.

I'm investigating who would be responsible for the Corporation doing routine maintenance on the main sewer line. The Corporation says it won't pay for damages to my t...that I should have installed a check line valve to prevent water from entering the house. (Of the 30 some houses who are part of the Corporation, I wonder how many have such valves....no other house flooded in this incident but mine.)

I'm angry that the Corporation is not going to pick up the cost of my basement flooding repairs and am using this forum for comments regarding responsibilities in this incident.

When we moved into this house seven years ago:
1. The inspector did not advise us to install a check valve.
2. The Corporation never did.

I can understand it would be my responsibility to ensure that my private line to the main sewer line was clog/root free. I can't believe a small claims court would rule in favor of the Corporation for a clog in an area of its responsibility. Again, I am investigating what entity in my township/county would oversee a maintenance schedule by the Corporation. Do not have that answer yet.

What are the thoughts of this forum? Am I entitled to compensation from the Corporation?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Jerry,

Considering the amount of the damages I would advise you to seek advice from an attorney.

I've never dealt with such an issue but have been told that the event you describe might be considered a flood and therefore not covered by your own insurance unless you have flood insurance.

When we purchased our house a few years our insurance agent offered us a rider to our policy that would cover damage caused by a sewer back-up. I do not know how common such coverage is and of course it is a bit late for your problem.

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

I suspect that you don't have insurance to cover sewage backup. If you do, simply submit the claim to your insurer and let them fight with the Associations insurance company.

You can always file a claim against the Associations insurance company directly. This will prompt their insurer to investigate.

Get documentation of the issue now, statements, names contacts, photos etc. this could be a long drawn out battle or one that is resolved quickly. You need to prepare for the long drawn out battle.

I agree with Larry, contact an attorney and see what your legal options are. Sometimes, simply filing a claim against the Associations insurer combined with a letter from an attorney will resolve the matter. Sometimes it will simply escalate the issue into a battle of attorneys.

JerryB9 (Illinois)
Posts: 2
Posted:
My property insurance did not cover us. No water rider. As a naive laymen my pitch to a judge would be:
1. This was the main sewer line, not my pipe from the main to my home.
2. Was maintenance followed by whomever (the Corporation or their designated maintenance organization) was responsible.
3. How do I find out who was responsible for #2.
4. If they counter w "you should have had an inline check valve," where does that argument go:
Home built in 1982...did they violate code then by not installing one?
Were owners prior to us told to install one?
Did all the home inspectors fail to do their jobs to recommend one?
Did the original builder bypass spec by failing to install one?
Does it matter if on the 30 properties around the lake who are part of the corporation that few others have check valves installed?

Will incur the wrath of the Corporation of which we've been members to right what I believe is a $5K to $7k wrong, that is for sure.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By JerryB9 on 04/13/2015 8:35 PM

4. If they counter w "you should have had an inline check valve," where does that argument go:
Home built in 1982...did they violate code then by not installing one?
Were owners prior to us told to install one?
Did all the home inspectors fail to do their jobs to recommend one?
Did the original builder bypass spec by failing to install one?
Does it matter if on the 30 properties around the lake who are part of the corporation that few others have check valves installed?

Around here many SWD's do not want a check valve installed on the side sewer unless the finished floor is lower than the nearest adjacent manhole on the main. Check valves can fail shut, and then back up the side sewer into the domicile. So in any case, recommending a check valve, or noticing that one was not present is way, way, way above the pay grade of your average idiot home inspector.

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