Friday, January 10, 2014

Broken Water Pipes in a Condominium/ Homeowners Association

Its been very cold recently here in New Jersey and this has caused a lot of condominium and home owner association problems.  Broken water pipes have been a big problem.  Who must pay the repair bill?

  Is the unit owner responsible?   the Association?   Does it depend where the break is located?   The answer to all three questions is yes.

All answers seem to be possible.   If you have a broken pipe and live in a community association your association documents will provide, the answer to these questions.  Water pipes may be owned by the unit or they may be a common element.  The only way to know for sure is to look at your documents,  probably focussing on how the master deed defines what is and is not part of a unit.

That having been said, I believe the location of the break will be a factor.   If the break is located in the common water supply line that provides water to the association, or to numerous units in a building, that might be a common elements issue.  If it occurs in the supply line devoted only to one particular unit, that might be the unit's responsibility.

There are many broken pipe problems in New Jersey and New York condominiums due to the very cold weather we are experiencing.  Responsibility it seems to me is based on the location of the break and the wording in the association's organic documents.

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