• Is hoa responsible for sewage backup

    Is hoa responsible for sewage backup

    Backed up sewers can cause thousands of dollars in damage to floors, electrical systems, walls, furniture and other belongings. Learn about causes of sewer backups, what you as a homeowner are responsible for maintaining and steps you can take to protect your home against sewer problems. Most homeowners may not realize that they are responsible for the maintenance and repair of their house or sewer lateral—that is, the pipeline between the city sanitary sewer main which is usually located in the street and the building.

    The sewer lateral is owned and maintained by the property owner and the homeowners responsibility includes any part of the lateral that extends into the street or public right of way. A cracked or deteriorated lateral or one filled with tree roots can allow groundwater to seep into the system, contributing to the problem.

    For homeowners who want to insure themselves against sewer backups, coverage is available from most providers for a nominal cost. While most basement water problems are not caused by sewer backups, the Civil Engineering Research Foundation reports that the number of backed up sewers is increasing at an alarming rate of about 3 percent annually. There are a number of causes of sewer backups—here are some of the most common.

    is hoa responsible for sewage backup

    A sewer backup can lead to disease, destruction of your valuables, damage to your house or business, and can even result in electrical malfunctions.

    Prompt cleanup of affected property can help minimize the inconvenience and prevent mold or further damage. If you experience a sewer backup situation, immediately arrange for the cleanup of your property. This should include:.

    To facilitate a sewer backup claim, take "before" photos of your basement or any area likely to be affected and create a home inventory. If you have an incident, be sure to take "after" photos of the affected areas and itemize any property losses.

    Broken Water Service Lines – Who’s Responsible?

    Save all receipts related to repair, cleaning or damages and contact your insurance professional as soon as possible. Next Steps: Learn how to protect your home against other types of water damage.Having sewage backing up into your basement and on your property is the type of disaster that no homeowner or business owner ever wants to face.

    Unfortunately, these types of things can and often do happen. When such a problem strikes, knowing what to do next can be overwhelming. In addition to having a disgusting mess on your hands and potentially dealing with the loss of material possessions, your property could experience substantial — and costly — damage. If you have property damage as the result of a sewage backup, a fast response is vital.

    The quicker you act, the more you will be able to mitigate the damage and get things back to normal. A quick response is also crucial when it comes to determining who is liable for the incident and recovering your losses. Since sewer systems are owned and operated by municipalities, you may be entitled to compensation from your county, city, township or other local municipality. It is an endorsement on your renters insurance policy, and in some cases, coverage may even be free.

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    When you are dealing with something as potentially hazardous and devastating as a sewage backup, you need immediate solutions. Even if you are legally entitled to compensation, you need to act quickly to remedy the situation.

    is hoa responsible for sewage backup

    For most people, this means filing a claim with your insurance company. It is a good idea to check your policy before disaster strikes, however, to determine whether you are covered.

    If you do not want to get stuck holding the bill, you need to know your legal rights. Questions about water backup coverage? Effective Coverage can help! In most areas, sewage systems are owned and operated by the local municipality. They may also, however, be contracted to an independent operator.

    The Basics of Your Condo Plumbing Explained

    If you sustain serious property damage as the result of a damaged or faulty sewer system, you may be entitled to relief and other financial compensation. Based on the principles of eminent domain, you may be permitted to file a claim against the municipality when a sewage backup causes damage to your property through no fault of your own.

    Because the sewage system runs through your private property, you are entitled to compensation if a problem with the system results in damage to your property. Sewage backups, leaks, overflows, ruptured pipes and even excavation on your property may make you eligible for compensation. You can only claim the amount necessary to cover expenses associated with lost usage and repairing your damaged property.

    If you become ill as the result of exposure to raw sewage, you may also be able to recover damages to cover the cost of your medical treatment.

    is hoa responsible for sewage backup

    If a sewage backup results in severe damage to your property, you may be able to file a nuisance claim. When you file this type of claim, however, you must be able to provide sufficient proof that the sewage issue caused an unreasonable interference with your safety, health or ability to use and enjoy your property.

    There are two options when filing a nuisance claim.Readers should not act upon this information without seeking professional counsel.

    Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship.

    Readers of HOATalk. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. HOATalk is a free service of Community Unanswered Active Topics Forums. Saturday, April 18, Active Topics.

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    Oldest First Newest First. TinoS California Posts We are HOA in California. Each unit has a sewage cleanup valve a few feet into the common driveway and from there each unit has iron pipe that goes another feet out to a central clay sewage pipe running under the driveway. We have an owner that has paid for a drain inspection where the camera detects that she has broken pipe to the central sewage.

    She wants us to pay to repair it. TimB4 Virginia Posts Are you considered a condominium? Who owns the property the pipe is on? We are a Common Interest Development. The break in the pipe is under the common area driveway. Each unit has a separate pipe to the common pipe.Forums New posts Search forums.

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    New posts. Search forums. Log in. By continuing to use this site, you are consenting to our Terms of Service and use of cookies. JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding. Is the HOA liable for a tenant's personal property being damaged? Thread starter leiakw Start date Jul 11, I am a tenant renting a condo in california. About a month ago, there was a sewage backup that flooded the first floor bathroom and also out into my garage.

    Some of my personal items were damaged as a result. I called my property management office and they referred me to the HOA management as they were the ones responsible for keeping the common grounds the backup was caused by tree roots.

    The HOA sent plumbers and water damage restoration out to fix things. I sent a letter to the HOA requesting reimbursement for the damaged items and also the electricity used by the water damage company to dry out the condo. I was told by my property management that I could use the garage for storage and my lease also states that I can store items on the "premises", which I assume to be the entirety of the unit I am renting. What are my rights in this situation?

    Can I sue for reimbursement in small claims court? Also, if they used sent out plumbers, etc. I just want to know what my rights are in this situation. It would be great if anyone can offer some helpful advice. Without regards to specific requirements of your HOA agreement, the general rule in CA for property liability is negligence.

    Were they negligent in their actions or not actions in relation to the drainage? Since no one can guarantee a drain will never be clogged, it seems unlikely based on the OP's facts he would be compensated for the damage to his property. As a general rule, the LL or in your case, the HOA is responsible for maintaining the property itself the walls, the structure, the facilities.

    Anything that you put in or on the property becomes YOUR responsibility to maintain and protect.This article is part of an ongoing series in which we'll take your questions from the HOAleader.

    If you have a question you need answered, post it on the message board. An HOAleader. These homes were built 15 years ago before our city implemented city storm-water management guidelines; therefore, the builders didn't have any guidelines regarding downspouts and water runoff.

    My foundation is receiving water from seven homes surrounding my house, as their downspouts were buried underground without any drain tile to divert water away from other properties. My crawlspace is completely subsurface and at least five feet lower than any other property… "My HOA has obtained a legal opinion that states that since there is no common area involved, the HOA is completely free of any responsibility The board's attorney relied on common law riparian water rights to render an opinion.

    I don't understand how I can live in a community and have absolutely zero support from my HOA and board? Our bylaws state that a homeowner can't cause damage to an adjacent property from failure to maintain. Do my neighbors have any financial responsibility for this very serious problem?

    Does the HOA have responsibility? First, the Bad News Governing documentsalong with other documents created when the property was sold to the owner, will dictate who's responsible for repairs in this kind of dispute.

    There are a lot of variables to consider. I've had a couple of fact patterns like this come though my office, and on each occasion, unless it was some facility the association was required to maintain, the responsibility has been left with the owner. McPherson has seen a similar situation, and the owners were able to get some costs covered.

    It was really a problem. It didn't affect the higher-up building and structures, but the ones down below banded together and sued the developer. They did actually get a settlement. There ended up being someone who was a holdout who wouldn't contribute, and the owners affected ended up fixing everything but the issues in that one holdout's unit. Ultimately, what those owners got from the developer and what the owners kicked in covered the repairs.

    Join HOAleader. About HOAleader. Free Whitepapers. Sponsored Links. Discussion Forum. Is this legal. Members Say Here's what our readers are saying Thanks for everything. It's as if you had a spy at our meetings and over hear our gripes :. Keep up the good work. Thanks for your very valuable information. I am a new Board Secretary—your site is truly worth signing up for! Member Log-in.In Florida, condominium associations are responsible for maintaining the common elements in the condominium building.

    In most condominiums, the common elements include vertical drain pipes which remove waste water from the condominium by connecting to the lateral drain pipes which run into each unit.

    Florida Statute The association is generally responsible for the maintenance of all of the common elements in the condominium which include the main vertical drain pipes.

    In order to prevent sewage backups, regular maintenance of the main plumbing line is an obligation of the association. These sewage backups typically occur when there is a blockage in the main sewer lines due to the build-up of debris which accumulated in the drain lines over a period of time, typically due to the lack of maintenance by the association.

    The result of these backups can cause sewage to seep back in through the plumbing fixtures in the individual units. Many of our clients have experienced sewage backups in their bathtub drains, toilets, and shower drains and in some situations, the raw sewage backups onto the floors around these fixtures.

    Category 3 — Black Water is extremely unsanitary and can cause severe illness or death and contact with it should be avoided at all costs. A condominium unit owner who has suffered a Category 3Black Water sewage backup in the unit should insist that the association retain licensed and insured remediation companies who typically have specialized training and equipment to remediate this type of contamination.

    In the event that a condominium unit has suffered from this type of backup, prompt written notification to the condominium association by the unit owner is highly recommended, even if the association is already aware of the problem. However, in most circumstances, this is simply not the case. If you are a condominium unit owner who has recently suffered a sewage backup, please contact us for a free consultation regarding your rights and responsibilities.

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    We handle condominium disputes on contingency which means we do not collect a fee unless we recover money for you. Of course, with every situation, there may be exceptions and differing facts which require the analysis of a mold attorney. For more information, call us atsend an e-mail to info themold. Myers areas. View Larger Image. Free Consultation If you are a condominium unit owner who has recently suffered a sewage backup, please contact us for a free consultation regarding your rights and responsibilities.

    Leave A Comment Cancel reply Comment.How would you feel if you were the unlucky homeowner in your condominium — the owner of a lower level unit, and the repeated site of sewage backup whenever the pipe gets clogged?

    The apparent cause of the sewage backups, according to the condo association, was a clog in the line caused by some foreign object flushed down the toilet from one of the upstairs neighbors.

    But since a second sewage backup occurred a few months ago, the condo association has been unresponsive. And, as you can see from the video linked below, the homeowner has been living with an unfinished space for months. A Roy woman was stuck with the bill after she says her condo complex left her home flooded with raw sewage. When the sewer line at the Rosewood Manor became clogged, it became a disgusting problem for Lorie Kerr, whose apartment sits at the lowest elevation.

    Months later, the damage remains. Richard W.

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    Of course, this report raises more questions than it answers. Did Rosewood Manor file a claim with their insurance provider or not? When a condo association files an insurance claim, the deductible becomes an expense of the condo association, therefore the cost is to be shared in common by all members of the association, just as the sewer line itself is shared by multiple owners of condominium units. Even if Kerr is reimbursed for by her insurance company for paying out-of-pocket expenses, her future premiums are likely to increase because of this second claim within three years.

    is hoa responsible for sewage backup

    One of the reasons why a condo association carries insurance is to cover loss from unexpected events such as a sewage backup. Skip to content. By Deborah Goonan, Independent American Communities How would you feel if you were the unlucky homeowner in your condominium — the owner of a lower level unit, and the repeated site of sewage backup whenever the pipe gets clogged?

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