Underground Electric Service Cable broke - who is responsible?

I live in a 150 unit townhouse complex in Massachusetts that has 4 units in each strip. For each 4 unit strip, a single transformer provides electrical service , with each unit having a dedicated service line running from the transformer to the electric meter on the outside of each dwelling.

My service line broke, and the HOA is saying it's the owners responsibility. I have exhausted all attempts to resolve this amicably, and litigation is the unfortunate next step. I ended up paying for 50 ft of conduit to be buried in the common area and a new cable installed from the transformer to my meter. Before I start getting into the legal wording of the master deed and the such I do have a few questions:

1) If I sue the HOA and am successful, will I be able to sue to recoup legal fees? (and visa-versa)

2) Is there a precedent where owners are responsible for this or similar things? (i.e. water line breaks may be a good example)

Any thoughts?

Thanks,
Bill

It is a private transformer, and the electric company will not fix. Original utility service wires were buried with no conduit. That was code back in the day, now they are all rotting and breaking. Over the years, approximately 10% of the units have lost service, with a few more each year. Owners being stuck to foot the bill. Master deed says HOA responsible for maintenence. BOD's reply to me is that the C&R says something different, and since it was a governing document filed before the master deed, it takes precedence. (which is nonsense from a legalese perspective)

I will be pushing to get on next year's board and will seek a reversal at that time. I read somewhere that I have 3 years before a statute of limitations runs out for recorse on this matter.

Bill, if your sole desire to get on the Board is so you can get your money back; then you don't belong on it. The answer lies in the CC&R's; somewhere in them it should be spelled out what is the HOA's responsibility and what is the homeowners. The person telling you that it is not the HOA's responsibility to repair the line should be able to show you in the CC&R's exactly where it says this.

Thanks for the support Steve, and without knowing the details - you share some good insight. For example - at my transformer alone - it has been dug up 3 seperate times (at 3x the cost and inconvienience) , instead of doing it right one time as a common area expense.

The BOD's position is that all 4 of the neighbors should talk about "chipping in" to split the cost of the repair. Fair enough you say? Well, my neighbor's service went out 6 months ago and property management (or the neighbor) never contacted me, claiming it was an "emergency".

Regarding my desire to get on the board: It's more than just the electricity issue. The current BOD has too much representation of owners that bought 30 years ago for $60K. Let's just say they do not see a sense of urgency in cutting costs. Our HOA dues within 5 years will be (hold on to your seat) over $1K/mo on a $400K unit. Our onsite mgr is being compensated in the $110K/yr neighborhood, and the guy is completely worthless IMHO.

Hopefully, you can see my motivation for getting on the board.