Who pays for frozen pipes?

Annie, this is a current problem with a townhome association we manage. You are correct there is a difficulty with proving negligence. We recommended amending and restating their 30+ year old Declaration of CC&Rs with one change being to provide more details on the maintenance responsibilities of the association and the owner. Following is the proposal under consideration by the association. See 8.2(d.

ARTICLE VIII - MAINTENANCE RESPONSIBILITIES
Section 8.1 Association Maintenance.
In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot as follows:
(a) Maintenance, repair and replacement of the Lots and homes thereon as follows: the exterior building surfaces (siding and trim but not including replacement of glass, windows, doors, window frames, and door frames), roof, gutters and downspouts, decks, fences, skylights installed by the original builder, security lights controlled by a photocell that is located outside of the home; and common sewer lines between the sewer line to each individual Lot and the main sewer line.
(b) Painting (only) of the garage doors; and
(c) Maintenance and repair of the interiors of the homes only to the extent needed to repair damage caused by the Association’s negligent performance of its maintenance duties as specifically set forth in the Association’s governing documents.

Section 8.2 Owner Maintenance.
Except as set forth in Section 8.1 herein above, the Owners shall be responsible for all maintenance repair and replacement of the Lots and the homes and improvements thereon, including but not limited to the following:
(a) the structure and foundation of the homes and all interior components of the homes;
(b) All doors, windows, and glass including screen doors and windows, security doors and windows, front, rear and side doors, garage doors, door frames, window frames, and seals;
(c) Additions to the Lot and adjacent to the Lot that were installed by an owner;
(d) All facilities which extend outside the Unit, including but not limited to, exterior water faucets, electric lights, electric receptacles, sump pumps, and private sewer lines; and
(e) All items that are the Association’s responsibility if the need for maintenance or repair is caused by the negligent acts or omissions of an Owner, their family, tenants, residents or invitees.

Section 8.3 Owner’s Negligence.
In the event that the need for maintenance or repair is caused through the willful or negligent act or omission of the Owner, an Owner’s family, guests, or invitees, the cost of such maintenance or repairs shall be a Default Assessment to such Owner and such Owner’s Lot.

Annie,

Who pays for the water bills? I ask this because if it's each individual unit, then if the break is after the meter, the owner pays. If it's before the meter the Association or Water company pays.

If the water is paid by the Association, I would establish a clear policy as to where the point of debarkation is for responsibility. Perhaps, if the pipes are on the unit's property responsibility is the owners.

Hope this helps,

Tim

We also send an announcement every year in December - along with the snow removal policy, upcoming year's annual budget and payment coupons. In case something isn't read, we publish reminders in our December and January newsletters. We're also a townhome community and tell homeowners if damage from their frozen pipe subsequently damages adjoining units, they'll also be responsible for the Association's insurance deductible (currently $5K)

On a related question, does anyone know how to get a map or something showing where sewer/water lines are for a neighborhood? Our CCRs state utility lines are the homeowner's responsibility from the point they enter the unit. For water and sewer lines, the Association is responsible from the point it leaves to when it hits the city's main line. We've also had sporadic problems with frozen pipes and tree root damage, and it seems to me if we had something definitive that can show where the lines are, this may reduce some confusion over who's responsible for what.

I would suggest contacting your local utility. That's why in our locality it's required to contact a special number whenever someone wants to locate underground utilities, or even plant a tree.

It's called "Call B.U.D" (call before you dig) and there's a number.

Here's some info from their site: (Your locality may have something similar)

WHAT YOU NEED TO KNOW

Why do I need to call Kentucky 811

In compliance with the Kentucky Dig Law, any activity that results in the movement, placement, probing, boring, or removal of earth, rock, or other material in or on the ground requires the excavator to contact the One Call Center with adequate information regarding the dig. Remember…It’s The Law!!!

When can I call

Kentucky 811 is open 7 days a week, 24 hours a day to process locate requests or address questions regarding a locate request. The toll free number is 800-752-6007 or 811 (the National Three Digit Call Before You Dig phone number).

http://www.kentucky811.org/know.php

In addition, for private utility lines or private property locations, there's also a list of contract locators.

Private lines / Private property locates

In an effort to assist homeowners and contractors in locating private service lines that the utilities do not own or mark, Kentucky 811 is providing a list of contract locators that can be hired to locate private service lines for you.

Pinpoint Utility Protection Ray Olson 502-693-7844

Lanceta & Associates Inc Troy Cottner 502-664-8787

Blood Hound Underground Utility Locators 888-858-9830 (for Louisville, Lexington & Northern KY)

Start at the town hall. Ask them.

The actual spigot/hose bibb/'cock' should be LEFT OPEN (and 'flagged') not opened to be checked .... the shut off may leak slightly thereby refilling the drained spigot line.