Failed sewer line

You may want to check your CCRs, which often go into a little more detail of what the Association covers vs. the homeowner.

I live in a townhome community and the sewer line is the homeowner's responsibiltiy from the point it enters the unit, where the line from outside the unit to the main is the responsibility of BOTH the homeowner and association. That may be the situation here, but you may want to consult your insurance company and attorney to see what's what.

However this ends, it's probably time for you to take a good look at your documents and see what needs to be updated (yours may be as outdated as ours). If it's common knowlege that the line is the homeowner's responsibility and everyone concurs with this, have your attorny draft an amendment with this language and then have the homeowners vote to approve it 9the percentage shouldbe listed somewhere in your documents).

If people want the Association to be responsible, they may as well know that your fees are going to have to be increased considerable to cover the maintenance and perhaps replacement as a reserve element (meaning your reserve study will have to address this). To further protect yourselves you may have to get into maintenance, such as having the lines cleaned every year - that's what our association is currently discussing, but we also need homeowners to locate their sewer cleanouts so the work can be done.

Typically condo owners are responsible for plumbing "inside" thier unit. Once it leaves the unit its the condo's responsibility. The sewer lines, electrical, water, etc are all on common area. I don't know of any condo that wants a homeowner tearing up a common area to replace anything.

Thanks. The CC&R's state that monthly assessments are to be used to pay for "water, insurance and sewerage" and that monthly assessments are to be "used and expended to maintain, care for and preserve the apartments, buildings, grounds and improvements (other than interior of the apartments)." No amendments have been filed which address this issue.

Thanks. Sounds like this one is on the HOA until amended.

I think you are looking at the wrong part ot the CC&Rs, you should be looking at the part that defines the unit and the common areas.

By the way, "common knowledge" doesn't count, what matters is what's in the documents. (And how they are legally interpreted, if it comes to that).

With respect to unit boundaries:

Except as provided by the declaration:
1. If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.
2. If any chute, flue, duct, wire, conduit, bearing wall, bearing column or other fixture lies partially within and partially outside the designated boundaries of a unit, any portion serving only that unit is a limited common element allocated solely to that unit and any portion serving more than one unit or any portion of the common elements is a part of the common elements.
3. Subject to the provisions of paragraph 2, all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.
4. Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, entryways or patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.

With respect to utilities:

Monthly assessments are to be used and expended... To pay for water, insurance, sewerage (and other utilities and expenses as shall be designated by the board).