Gas leak

Started by ThomasD2 • 24 replies • 2708 views

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ThomasD2 (California)
Posts: 208

Posted:

I live in a community of town homes in Southern California. My neighbors 2 doors down smelled gas, apparently over several days, in the area near the meters outside their unit. I have not had any problems with the gas, and certainly never smelled anything. The neighbors called the Gas Co, who determined there was an unusual flow of gas in my line, they turned off and locked my meter. The property manager says the meter is "exclusive use" and my responsibility. Right now they are digging up and replacing the underground line near the meter. The HOA has no intention of covering this repair. It is 2 doors down from me. Is it really my responsibility? The CCR's say an "exclusive use common area" is "a portion of the common area designated by the Declaration of the Condominium plan for the exclusive use of the owners of particular units which is appurtenant to said units."

PitA
Posts: 311

Posted:

YOUR meter serving YOUR gas fired appliances would most certainly be ".. exclusive use of the owners of particular units which is appurtenant to said units."

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By PitA on 05/26/2015 12:13 PM
YOUR meter serving YOUR gas fired appliances would most certainly be ".. exclusive use of the owners of particular units which is appurtenant to said units."

Ouch.

PitA
Posts: 311

Posted:

CAVEAT EMPTOR

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By ThomasD2 on 05/26/2015 12:06 PM

Right now they are digging up and replacing the underground line near the meter.

Who is "they?" The gas company, the association's contractor, or your contractor?

A lot will depend on which side of the meter the problem is located. If it is on the supply side, or the meter itself, the utility is normally responsible for repairs. How old are your buildings? In many parts of the country gas was piped underground in metallic conduits that rusted out. I do not work in that industry but it appears that standard practice is to replace old metal lines with a flexible plastic line. If that is being done it should be covered by the gas company.

Shutting off the gas and locking the meter where there is suspicion of a leak sounds like a prudent course of action but it does not necessarily mean that you have a problem with the gas lines inside your unit. Let the gas company finish their work because all the leaks are more likely in their lines than yours but there is no way to tell until they are done.

MarkM31 (Washington)
Posts: 556

Posted:

It's not your meter.

It's owned by somebody else, and those bills will be the responsibility of that entity.

The gas company

PitA
Posts: 311

Posted:

Mark,

Not necessarily correct.

Jurisdiction dependent.

Just like a water main.

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By LarryB13 on 05/26/2015 12:20 PM

Posted By ThomasD2 on 05/26/2015 12:06 PM

Right now they are digging up and replacing the underground line near the meter.

I had a similar problem at an old business. If the gas company finds a leak, they shut off the valve and tell you to call a plumber immediately. When I called the gas company on Monday they told me they could not tell me exactly what the problem was, that it was my responsibility and to call a plumber. I got a plumber recommended by our property manager, but the HOA has been very clear that it is my responsibility. The gas company is equally as clear that it is not their responsibility to fix. The plumber is going to start digging in an hour. There was, of course, a delay. It will most likely cost several thousand dollars.

MarkM31 (Washington)
Posts: 556

Posted:

Depends on if the leak is upstream or downstream of the meter

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By MarkM31 on 05/26/2015 12:49 PM
Depends on if the leak is upstream or downstream of the meter

After the meter, but outside my home. And even 2 doors down ! I don't think I have a leg to stand on, I just want to get this repaired as quickly as possible, and they won't be done today. Live and learn.

TimB4 (Tennessee)
Posts: 21,062

Posted:

If it's between the meter and your home, it's your responsibility.

If it's between the meter and the supply line to the home, it's the gas companies responsibility.

The meter itself is also maintained by the gas company.

The question is, who called the workers once the leak was identified? You, the Association, the gas company, etc?

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By TimB4 on 05/26/2015 3:06 PM
If it's between the meter and your home, it's your responsibility.

If it's between the meter and the supply line to the home, it's the gas companies responsibility.

The meter itself is also maintained by the gas company.

The question is, who called the workers once the leak was identified? You, the Association, the gas company, etc?

I called the property manager and asked if the HOA would schedule an emergency repair. The property manager stated that my gas meter was "exclusive use," and therefore my responsibility. She did say she could recommend a plumber, I called them immediately. They are working now and anticipate finishing Wednesday. I was alarmed because I had no gas problems, was not home when the Gas Co came and turned off the gas, the line is 2 doors down, not even next door, etc. As I said, I don't think I have a leg to stand on.

My experience living in an HOA has been miserable and this is a typical event that makes me feel completely isolated . The board has not had a meeting in a year and a half. I complained about water dribbling out of a valve in the ground for 14 months before it was ever fixed (in California! ) and no one ever wrote me back. Just a miserable organization. One of the worst mistakes I made in life.

PitA
Posts: 311

Posted:

CAVEAT EMPTOR

TimB4 (Tennessee)
Posts: 21,062

Posted:

Thomas,

As you said, your stuck with the repairs unless your governing documents specify that the Association is to maintain everything from the drywall out.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Just a thought - not knowing the cost - you may want to read your homeowners policy and see if something like this is covered or not.

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By TimB4 on 05/26/2015 6:22 PM
Just a thought - not knowing the cost - you may want to read your homeowners policy and see if something like this is covered or not.

OMG I didn't even think of this. I will call.

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By TimB4 on 05/26/2015 6:21 PM
Thomas,

As you said, your stuck with the repairs unless your governing documents specify that the Association is to maintain everything from the drywall out.

The association does cover everything outside my walls, but then there is the "exclusive use" clause mentioned earlier.

TimB4 (Tennessee)
Posts: 21,062

Posted:

exclusive use does not mean it's necessarily yours to fix.

We assign parking, which makes those spots exclusive use. However, the Association maintains.

You may want to contact an attorney to review your documents and write a letter on your behalf to recoup the cost of the repair (if the attorney finds that it's the associations responsibility).

KerryL1 (California)
Posts: 14,550

Posted:

Tim makes a good point, Thomas: exclusive use does not necessarily mean it's yours to fix. We have, for instance, exclusive use balconies which are mine to maintain. But the HOA maintains our deeded parking spaces, which also are exclusive use, except for fluid leaks for which I'm responsible.

Read your documents, maybe your CC&Rs to see if you can learn anything there.

This can be a very dicey question. Go to davis-stirling.com and scroll downe to Exclusive Use and read it.

Can you get together with other owners and vote out or recall your lousy board?

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By KerryL1 on 05/27/2015 2:10 PM
Tim makes a good point, Thomas: exclusive use does not necessarily mean it's yours to fix. We have, for instance, exclusive use balconies which are mine to maintain. But the HOA maintains our deeded parking spaces, which also are exclusive use, except for fluid leaks for which I'm responsible.

Read your documents, maybe your CC&Rs to see if you can learn anything there.

This can be a very dicey question. Go to davis-stirling.com and scroll downe to Exclusive Use and read it.

Can you get together with other owners and vote out or recall your lousy board?

Thanks for recommendation on the "exclusive use" section at Davis Stirling.

I swore off my HOA board, it felt like constantly hitting my head against a brick wall over and over. I have received some lectures on this board about being a "quitter" and "whiner." I don't think it is that simple, but may have to reassess my participation. The board barely exists now, but has 6 members out of an association of only 22 homes.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Thomas

I believe the gas meter issue is simply a smoke screen for you not liking how your association does things. Seems are seeing more and more smoke screens on here.

KerryL1 (California)
Posts: 14,550

Posted:

I don't remember your past service, Thomas.

Do your bylaws say that you should have a board of six?? Really? And a property mgr. for only 22 THs?

KerryL1 (California)
Posts: 14,550

Posted:

I don't remember your past service, Thomas.

Do your bylaws say that you should have a board of six?? Really? And a property mgr. for only 22 THs?

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By KerryL1 on 05/27/2015 5:07 PM
I don't remember your past service, Thomas.

Do your bylaws say that you should have a board of six?? Really? And a property mgr. for only 22 THs?

The bylaws state the board is 5 members. The board usually has anywhere from 4 to 6 members. It is currently six members, someone wanted to join. We've always had a property manager, currently on the fifth one!

ThomasD2 (California)
Posts: 208

Posted:

Quote:

FYI I received an email from the property manager telling me the board had to decided to reimburse me for the work I paid for on my gas line.

The bylaws and CC &R's indicate a repair like this was not my responsibility. But they are pretty vague about such things. A couple of the past property managers urged the board to review and vote to rewrite some of the more vague and archaic bylaws/CCRs (such as the option of getting meeting notification via telegram,) but this has never even come close to happening.

There are only 22 units, and 6 board members, only one of whom actually does anything. Add in the absentee landlords and I think it would be impossible to recall the board, but I may have to reconsider being on it.

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