Is HOA or Owner responsible for broken pipe?

This question concerns a condo building in California.

A sink drain line that is used exclusively by Unit #1 developed a crack due to old age.

The crack was located inside the walls between Unit #1 and Unit #2.

Water began leaking from the crack, causing damage to Unit #1 and Unit #2.

The building's governing documents state that “pipes” (along with bearing walls, columns, foundation beams, etc.) are "not part of a unit, except the outlets thereof when located within the unit."

Based on this information, who is responsible for the cost of repairing the drain line and water damage?

Thanks for your help.

Glen, thank you for your question.

Here is the exact language of the section:

“The following are not part of a unit: bearing walls, columns, vertical supports, floors, roofs, foundation beams, patio walls, fences, pipes, ducts, conduits, wires, and other utility installations, wherever located, except the outlets thereof when located within the unit.”

This text is from the Condo Plan. Both the HOA and Unit #1 Owner agree that this is the only text in the governing documents that deals with ownership/responsibility for pipes.

I would say the HOA is responsible

Avan,

I would suggest stressing that the location of the pipe is not within the unit and not what the pipe does. Even if it is an "outlet" since the break in the pipe is not located within the unit, it is still the HOA's responsibility.

As I read the wording you provided, it sounds like the intend of the sentence was to cover the Association if your drain lines clog because you didn't keep the line clean or placed something down it. However, if the break is not within the unit, it is clear to me that the Association should be responsible.

However, if the Board doesn't listen to this line of logic, alternative action might be necessary to address the issue.

Tim

Robert, it depends on how well or in Avan’s case how poorly it is spelled out in the documents and thus subject to interpretation; ours for instance states that if it is for the exclusive use of my unit then it’s my problem. Our Board president who lives on the top floor of my building has had some unfortunate experience in this particular subject leaking into the unit below and he had to pay for the repairs. We had another incident where it was a common pipe that leaked and the Association paid for the repairs. Our documents are almost 30 years old and were not boilerplate but were actually written by an attorney who had some knowledge in the matter.

For what its worth here’s what ours says:
Each of the Units hereinbefore declared and established a freehold estate shall consist of all the space bounded by the undecorated interior surfaces of the perimeter walls, floors and ceilings of said unit projected if necessary, by reason of structural divisions such as interior walls, or doors and windows, to constitute a complex enclosure of space, and including without limitation:

1. The decorated surfaces, including paint, lacquer, varnish, wallpaper, tile
and any other finishing materials applied to interior and perimeter walls, ceilings and floors;

2. All windows, screens and doors, including the frames, sashes and jambs, and the space occupied thereby;

3. All fixtures located within the bounds of a unit, installed in and for the
exclusive use of said unit, commencing at the point of disconnection from the structural body of the building and from utility pipes, lines, wires or networks serving the entire building or more than one unit thereof;

4. All control knobs, switches, thermostats, and base plugs, and plugs and
connections affixed to or projecting from the walls floors and ceilings which
service either the unit or the fixtures located therein, together with the space occupied thereby;

5. All space between interior walls and interior ceilings and floors, together
with that space occupied by structural and component parts of the building and by utility pipes, wires, ducts and conduits;

6. All plumbing, heating, electric, cooling, and other utility or service lines,
pipes, wires, ducts or conduits which serve either the unit or the fixtures located therein, and which are located within the bounds of the unit;

But, excepting therefrom, all of the following items located within the bounds of the unit described above:

1. Any part of the structural and component parts of the perimeter walls;

2. All plumbing, electric, heating, cooling and other utility or service lines,
pipes, wires, ducts and conduits which serve any other unit.

Robert while I believe there are some states that differentiate due to an Associations age or size, Ohio doesn’t and in fact in 2004 made some major changes to the condo statutes which allowed the BOD’s to modify the CC&R’s without a homeowner vote to bring them into compliance.

Robert,

As Glen said, it depends on how the documents are written.

Just as the utility companies have all established that anything after the meter is the homeowners responsibility and anything before the meter and the meter itself is the companies responsibility. In my opinion, the OP documents are written that accepted responsibility for all pipes except drain lines that were "inside the unit". Now the issue is defining what is considered "inside".

In reality, this will probably have to go to a court of law for that definition to be determined. Until that time, only past precedence and personal opinion can be offered.

Tim

Robert,

No it doesn't really change my opinion. I would consider other utility installations to be similar to cable/satellite TV. Perhaps even internet connections.

Since the complex is a condominium, it is probable that the HOA would have authority on any master antenna, cable, satellite or internet distribution system. Therefore they would be responsible for the main distribution cables but the taps off of the system that hat an "outlet" inside the unit would be the responsibility of the homeowner. Just as they are responsible for the plumbing distribution, unless it is located "inside" the unit.

What I do think is that it is a poorly written document that should have been made clearer when first written. Therefore, unless an amendment or resolution is adopted to clear up the gray area it will probably require a legal ruling for the definition.

If you noticed, I said it didn't really change my opinion (as I still believe that if the pipe is outside the living unit it is the Associations issue). However, an outlet could also be defined as a supply outlet (i.e. faucet) inside the home. If the faucet, or the pipe located within the unit leading to a faucet, that would be the homeowners problem. The key word being "inside".

Tim

It wasn't that long ago that people lived without gas or electricity. Wikipedia defines Telephone services as a utility. Since telephone services are now being offered over the internet, it wouldn't be a far leap to call internet service a utility.

Yep, it's gonna take a lawyer if the parities involved don't agree.

Tim

Avan,

The Board interprets the outlet as within your unit but you said that the pipe broke between unit 1 and unit 2 in the wall.

The following are not part of a unit: bearing walls, columns, vertical supports, floors, roofs, foundation beams, patio walls, fences,((( PIPES)), ducts, conduits, wires, and other utility installations, wherever located, except the outlets thereof when located ((((WITHIN))) the unit.” So is the break within the unit or between the units inside the walls? Sorry Board, this is not the owners responsibility.