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What can I do and how do I start getting my association to fix a plumbing issue that has been going on 15 yrs?
Anonymous7 views2 answers
I live in a 4 unit home/condo/townhome. The association has been aware of a crack/separation on the [property that causes the sewage to back up in my home and the other units at the very least 1x per yr. I have had the plumber even take a video when doing the work. The video was given to the assn but nothing was done. (not a surprise). I have now had it as the sewage is again running out my front gate onto the property. Just so you know, the school bus picks and and drops off right where this liquid abomination sits. The pipe is right in my front garden and it gets destroyed everytime they have to "fix" this. It is always temporary and it will happen over and over, each years at least once sometimes 2x. what do I do to get them to fix this? How do I start and what has to happen? Thank you for anything that can be provided as this is old and it stinks, its raw sewage......poop.
The question is who is responsible for the maintenance of the sewage pipe - the Association or you, the homeowner? What does your CC&Rs say? Most likely the Association has the obligation to repair or replace the pipe. If you have already tried to amicably resolve the situation with the Board then you may have no other choice but to bring an action against the Association to enforce the CC&Rs. But, before you do anything you need to contact an attorney familiar with HOA law.
Thank you for the detailed, factual account. You may want to start by consulting with an attorney. Why? Well, there could be some sort of award or at the very least legal avenues available to get you the remedy(ies) you seek. It may start with something as simple as a demand letter or progress into formal litigation.
Either way, the situation you described is troublesome and your ignorant HoA is only causing you and the people in association more harm than good. The battles between HoAs and homeowners are constant and unless someone is looking out for the homeowners, they are too often on the wrong-end of negligence, such as this.
Call an attorney. Perhaps one in Mesa and ask for a free consult. If inclined, fight for your rights as a homeowner.
