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Is the condo owner or homeowner's association (HOA) responsible for a drain pipe leak?

Real Estate 4 views 2 answers
Facts: Unit A is on top; Unit B on the bottom. When unit A shower runs, water leaks into unit B. Specifically, Unit B has water leaking from the bathroom ventilation fan. The wall above unit B's shower head is softening as well, indicating moisture on the inside of the wall. HOA rule: Owner is responsible for the airspace within unit boundaries (interior surfaces of perminter walls). "Outlets of pipes, ducts, flues, and other utility installations located within the unit are part of the unit and therefore the unit owner's maintenance and repair responsibility. Examples of such components include kitchen sink, bathtub, shower, toilet and bathroom sink drains, each of which is an outlet of a plumbing or utility line located within the unit. Who pays? HOA, A, or B?

Attorney Answers

2
Frank Chen ·
Based on your description, it appears that owner A should be responsible. Should the plumber ultimately conclude that the problem lies within common area pipes, then HOA should pay. If the plumber concludes the problem results rom an "outlet" of a plumbing line from the bathtub/shower, then A must pay. Yes, the drain from a shower be the owner's responsibility even if it's on the inside of a wall.
0 upvotes
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
All the parties should report this to their homeowner's insurance carrier (in the HOA's case, their liability carrier), if they haven't done so already. Getting a licensed plumber to inspect the area will be required to get an expert opinion of the cause of the problem, and it may be necessary for B to sue both A and the HOA to let their insurers fight it out.
0 upvotes

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