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JeanS1 (California)
Posts: 23
Posted:
Re: A letter describing a Special Assessment to "repipe the ENTIRE (my caps) building" was mailed to the owners of the Condo where I live. The majority of owners who voted approved the assessment.
I now find that I am going to have to also replace the pipes in my unit (under the sinks).
As required by law the assessment was described-the total amount of the assessment, the length of the assessment, the total amount to each owner. There was nothing in the letter that informed me that I would have to pay an additional sum to have my pipes replaced.
Because the letter stated that the money was used to re-pipe the ENTIRE building and did not specify only the common area and, inasmuch as there was no mention of any additional costs to me, the individual unit owner, I am wondering if I must replace the pipes under my sink.
Shouldn't the assessment letter have stated that there "could" be an additional charge to me for replacement of pipes within the individual unit?

Encino Jean
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jean,
If you read your governing documents, (probably in the bylaws) there will be a statement on responsibility for repairs and replacements within the units. Typically you are responsible for any repairs and replacements after pipes, electrical and such items, enter past the outer walls. Under the sinks most likely are your repair costs.
There is much outer piping in a condo building, along with sewer and other utility lines.
BrianB (California)
Posts: 2,820
Posted:
context is everything, and i suspect most judges would not see the "contract" the same as you Jean. They would assume a contextual basis for the word "entire" based upon the previously established relationship, which is spelled out in your by-laws, codes, covenants, etc.. I doubt they would impose a legal obligation on the HOA for use of the word "entire" in their letter of notice to you, since they would feel it would refer to their previous contractual obligations, and not refer to a new contract agreement with you.

KirkW1 (Texas)
Posts: 1,665
Posted:
To be honest, I am a bit at a loss to understand how you will have very much to pay for. They should place the pipes in the same location as the old pipes. Now you may have to pay for someone to connect your pipes to the new pipes, that shouldn't be that expensive.

I do agree that they should have told you of this possible expense. But two things come to mind:
1) It is unlikely that you can force the HOA to pay for it.
2) If you did, they would pass the cost along to you in the form of another special assessment.

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