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SteveW12 (California)
Posts: 5
Posted:
Hey all-

We are a townhome development of 8 units (2 bldgs.) We recently had a pressure regulating valve fail in a probable conjunction with the city relocating a fire hydrant down the block, when they had shut off water for a short while. We experienced a higher water pressure, which most of us thought was just a return to what the water pressure should have been. One owner experienced a failure of a fitting at their toilet, which caused some flooding and subsequent serious water damage to their unit. We had a plumber come over, who determined that the valve had failed out in front of the bldg. and the water pressure had increased to 100psi, well above the normal 70psi that it should be (evidently).

The owner is feeling that the HOA is responsible for his damage, because it is a valve which is under HOA control ab\nd should be "maintained", (because he claims he had the pressure regulating valve checked at a house he owned previously on a yearly basis.) This didn't make sense to our plumber, because this valve either works, or doesn't, so "checking" it is akin to checking a light bulb by turning it on. (It can work one minute and fail the next with no warning.) It was probably about 20 years old (age of the complex), so the Owner is also maintaining, we should have replaced it, if it was close to the end of its lifespan.

No one on the Board even knew we had this valve or certainly having it "maintained" or replaced before it failed. We checked with our lawyer to see about our responsibility, and he maintains, since it was their fittings that failed, we were not responsible, nor negligent with our responsibilities or maintenance. Our plumber checks our backflow prevention device yearly for health reasons and I think would alert us if this was a normal maintenance issue.

Has anyone else experienced anything like this? The Board is a bit mystified, because sometimes, 'we just don't know what we don't know.'

Thanks,

Steve W.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Steve,

This seems to be a quite simple problem to solve. If the valve that failed was a part of the plumbing system that the HOA is resp for maintaining then they would have to reimb. the unit owner for damage to his unit. However, if the valve was part of the plumbing system the unit owner is resp for then he must eat the cost himself. If the HOA is the resp party it makes no difference whether or not they had a duty to maintain the valve by having inspections performed yearly or not. Regardless, they are resp. for any damage to a members' unit as a result of this valve malfunctioning.
GlenL (Ohio)
Posts: 5,491
Posted:
I would run this by the HOA's attorney and insurance agent as to who they think is responsible. Since the HOA paid to replace the valve, IMO it would be the HOA's responsibility.

Studies show that 5 out of 4 people have problems with fractions
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Water supply tubing .. fittings .. valves must be rated at least 125 psi wog (water/oil/gas) working pressure as per ALL codes.

Fixtures are rated to work properly at up to 80 psi (eg. the operation of the actual flapper, etc.)

If the (external to tank) toilet supply tube/pipe 'blew out' at 100 psi it was either defective or improperly installed.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
We checked with our lawyer to see about our responsibility, and he maintains, since it was their fittings that failed, we were not responsible, nor negligent with our responsibilities or maintenance.


Try talking to your insurance company.

If I was the homeowner, I would have submitted my claim directly to the HOA insurance company.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By MaryA1 on 07/11/2010 11:17 AM
Steve,

This seems to be a quite simple problem to solve. If the valve that failed was a part of the plumbing system that the HOA is resp for maintaining then they would have to reimb. the unit owner for damage to his unit. However, if the valve was part of the plumbing system the unit owner is resp for then he must eat the cost himself. If the HOA is the resp party it makes no difference whether or not they had a duty to maintain the valve by having inspections performed yearly or not. Regardless, they are resp. for any damage to a members' unit as a result of this valve malfunctioning.

the failure of the PRV should not have caused a 'blow out' in the unit unless the primary (unreduced) pressure was in excess of 125psi(g)

the above would be considered 'expert testimony' in a court of law
JohnB26 (South Carolina)
Posts: 1,569
Posted:
"...and the water pressure had increased to 100psi..."
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By JohnB26 on 07/12/2010 9:10 AM
Water supply tubing .. fittings .. valves must be rated at least 125 psi wog (water/oil/gas) working pressure as per ALL codes.

Fixtures are rated to work properly at up to 80 psi (eg. the operation of the actual flapper, etc.)

If the (external to tank) toilet supply tube/pipe 'blew out' at 100 psi it was either defective or improperly installed.

...to be repetitive...
SteveW12 (California)
Posts: 5
Posted:
Thanks, John. It's always great to hear other people's perspectives (including all the responses here), but this really seems to simplify the issue and provides me with some information that I didn't know.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
welcome

(i am a retired nyc plumber with over 40 years exp.)

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