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TimB13 (Mississippi)
Posts: 1
Posted:
Our HOA recently paid 4000$ to replace a clogged server line just after a new owner moved into a unit. It was an unusual circumstance since the unit had passed a pre-sale inspection and no issues were noted. The unit sale closed. Two days later, the new owners sewer was completely clogged. Based on these circumstances, our HOA decided to pay the charge and get the line cleared ASAP.

To prevent similar HOAresponsibility in the future, our Board wrote a Resolution saying sewer line responsibility is that of the homeowner when the problem is located within their common area exclusive use sewer line until it meets the city sewer main. We have 32 units with individual sewer lines that lead through the common area until they reach the city sewer line.

We have trees throughout our common area that are known to have agressive root system. Does the HOA have any additional sewer line responsibility if a root system enters a sewer line and obstructs it since as a HOA we have no control for underground roots.

To prevent future issues regarding similar circumstances, our Board wrote and signed off on a new Resolution stating that "all" exclusive use sewer system problems that occur within our common area are the responsibility of that sewer lines owner/residence.
SheliaH (Indiana)
Posts: 6,964
Posted:
Our community has had similar problems because we also have a lot of trees. Our CCRs state homeowners are responsible for the line once it enters the unit and the association is responsible from the point it leaves to the point it reaches the main line (after which the water company is responsible)l.

Our trees were also causing a lot of problems and I imagine their care falls under the association, so the board might not be able to completely turn over responsibility to the homeowner - as you said the homeowner doesn't know if or when tree roots will cause the problem. If you're on the board, you may want to discuss the current rule with your association attorney and the master insurance company to see if you can do this.

In our community, what we've done in the last three years is to cut down trees that were half dead anyway and whose roots were causing sewer damage, roof damage (and foundation issues in at least one unit). When I was on the board, we also walked the community to see how many townhomes had visible and accessible sewer line cleanouts (half of them, including mine didn't). The idea was to compel the homeowners to ensure they remained that way because some people had put in shrubs and/or flower beds over the cleanouts that were flush to the ground and in a few cases installed their air conditioner units over it.

With available cleanouts, we considered hiring a plumber to come out once a year to clean out the lines - better to pay $5K or $6K for that (we have 156 units) instead of two or three $4K or $5K repairs a year. Your board may want to consider a similar approach - why not hire an arborist to survey the community to see what you have?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardP13 (California)
Posts: 3,868
Posted:
Tim

The trees and the damage they may cause IS the responsibility of the HOA. The owners didn't plant the trees, the HOA, probably the developer did.

The CCRs will tell you who may have that responsibility. The Board cannot just create a resolution that passes off that responsibility off to homeowners. If you want to go down that route you would need to amend the CCRs with the required approval from the homeowners. You should check with a reputable HOA attorney and the association's insurance carrier for guidance.

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