Septic Tank Liability

Do your bylaws have a sections that define common elements vs. individually owned items and homeowner vs. HOA responsibbilities? If so, so they say anything about septic tanks and who is responsible for them? What about the HOA's insurance policy - does it say anything about them (since insurance agents need to see copies of your bylaws in order to write the policy correctly)?

I know very little about septic systems, but governing documents often make utility systems that serve a single home part of the home (thus the homeowner's responsibility) regardless of whether or not the system is located within common elements. But there may be something unique about septic systems that would make this not workable.

Most importantly, Who is currently paying the honey dippers to come out and service the septic system? is the home owner each paying or is the HOA paying?

Thank you for your responses CathyA3,LetA, and SheilaH!

Just to clarify, we have 5 homeowners in our Association. Each homeowner has their own septic tank and septic field located on their individual property (I incorrectly stated that we had a common septic field--that was wrong, my mistake). However, in our Bylaws (from 1999), the Common Area elements provision includes, "the water distribution system, sanitary sewer system and storm drainage system throughout the project." No other language in the Bylaws addresses the septic tanks and septic fields.

I am a relatively new homeowner, but over the years, the Association has paid to have each homeowners' septic tank cleaned out every 2 years even though they are individually owned by each homeowner, and it has worked pretty well for everyone. In addition to my liability concerns for the Association, my concern is that any new homeowner coming in will also expect the Association to pay for the removal of the old septic tanks/fields and installation of the new septic tanks/fields based upon the language above. The current owners all agree that the replacement of their septic tanks and septic fields are their responsibility, but there is nothing in writing for the future homeowner, just the common are elements language. I would like to present language at our next Association meeting to cover this ambiguity, vote on it, and add it as an addendum to our Bylaws. I don't believe we have a CCR document or any other governing documents-as I said we are very small, unsophisticated association.

As far as insurance, I have asked Association's insurance agent to pull our policy, send it to me, and let me know what it provides as far as coverage with respect to septic tank liability for releases. I am asking for each homeowner to provide me with their homeowners' policies as well to see that they say about liability for releases. I don't want to contradict the coverage in the insurance polices, but my thought is that if we vote to approve an addendum, we may also want to include a provision regarding septic tanks releases, requiring insurance for any and all releases from a homeowners' septic policy, and any other language that might be of value.

I hope that answers your questions, and again, thank you all for your interest and prompt responses to my query.

Take care,

MarkD13

I would recommend that the Association stop paying for the homeowner's septic tank cleaning unless it states that maintenance in your governing documents, to have that service paid for by the Association. The Board should only pay for what the Association is only responsible for.

As others have pointed out:

1) Informal agreement = no agreement (get it in writing).

2) Put the language in the correct document - in this case, the covenants (deed restrictions)