In many townhouse communities, exterior water and sewer pipes are a shared responsibility among homeowners, but what does that really mean? Typically, homeowners are responsible for the pipes that run from the street to their property line, which is usually marked by a small metal or plastic box called a water meter box.
Homeowners often assume that the townhouse complex or homeowners association (HOA) is responsible for maintaining these pipes, but that's not always the case. In some cases, the HOA may be responsible for the pipes that run through the common areas, but homeowners are still responsible for the pipes on their individual property.
According to local ordinances, homeowners are usually responsible for the pipes that run from the street to their property line, which includes the water meter and any other pipes that serve their home. This can be a surprise for new homeowners who are not aware of their responsibilities.
Understanding Your Responsibility
Your governing documents are the key to understanding who bears responsibility for exterior water and sewer pipes. They should clearly outline the responsibilities of the HOA and the homeowner.
In most cases, governing documents place the responsibility of exterior damage on the HOA and interior damage on the homeowner. However, some associations may not be so lucky and have to deal with unclear or incomplete documents.
Time is of the essence when water damage occurs, as the situation can quickly worsen while the HOA and owner argue over who should bear the cost of repairs. Mold will form and begin to affect the health of those living in the community.
The Declaration and policy language are crucial documents to pay close attention to, as they can define the responsibility of exterior water and sewer pipes. Some policies may contain language covering "exclusive use" common area pipes, even if the CC&Rs designate them as the owner's responsibility.
In the Dover Village vs. Jennison case, it was established that you cannot designate all pipes that serve a separate unit as "exclusive use" pipes if the Declaration defines them as common area. This leaves open the possibility that the responsibility could be shifted to the owner, depending on the language in the CC&Rs.
Who Bears the Cost
In condominiums, the unit owner is usually responsible for the maintenance and repairs of interiors, while the condo association is in charge of the exterior and common elements. Time is of the essence with water damage, as the situation could quickly worsen while the HOA and owner argue over who should bear the cost of repairs.
Mold will form and begin to influence the health of those living in the community. This can be a serious health concern.
In cases of water damage, insurance companies normally don't cover the damage. As a result, it is the HOA or the owner who will shoulder the financial responsibility.
Service line coverage can provide protection for exterior and underground service lines, including water piping, sewer piping, and power lines. This type of insurance has its own $500 deductible and can cover lodging and other living expenses if your home becomes uninhabitable.
The average claim payment is $5,000, with excavation being the largest cost associated with service line repair.
Key Concepts and Definitions
Service line coverage is a type of insurance that protects homeowners from damage to exterior and underground utility lines, including water, electric, gas, and connectivity lines.
This type of insurance covers damage to pipes that connect a home to a public water supply or private well, as well as sewer piping that connects to a public sewer or private septic system.
Service line coverage is relatively affordable, costing just a few dollars per month.
The average claim payment is $5,000, with excavation being the largest cost associated with service line repair.
Here are some examples of utility lines that may be considered service lines:
- Water: Incoming water pipes, internal water pipes, drains, sewer pipes, sprinkler lines, and steam pipes
- Electric: Underground power lines
- Gas and fuel: Fuel lines and natural gas pipes
- Connectivity: Cable lines, internet lines, and fiber optic lines
Service line coverage has a $500 deductible, separate from your homeowners insurance policy.
Taking Action
In many municipalities, townhouse owners are responsible for exterior water and sewer pipes, which can be a significant expense.
The cost of repairing or replacing these pipes can range from $5,000 to $20,000 or more, depending on the length and condition of the pipes.
Homeowners should review their property deed or condo bylaws to determine who is responsible for exterior water and sewer pipes.
It's essential to understand the specific rules and regulations in your area to avoid costly surprises down the road.
Regular inspections of the pipes can help identify potential issues before they become major problems.
Homeowners can also take steps to prevent damage to the pipes by keeping trees and plants away from the pipes and using frost-proof outdoor faucets.
Key Takeaways and Considerations
Amending governing documents can help prevent disputes between owners and the HOA board, as a comprehensive set of documents can cover every imaginable situation.
It's essential for HOAs to obtain a thorough insurance policy that covers water damage, which will benefit both the association and its residents.
A good insurance policy should be reviewed carefully, and agents or brokers should be chosen who are well-versed in HOA policies and ask to see the CC&Rs and Bylaws to review.
Even with a good insurance policy, it's crucial to understand that most policies are boilerplate options that may not cover everything, and some exclusions or modifications may not be clear.
In some cases, the association's policy may cover something that the board thought was not covered, or vice versa, leading to confusion and disputes.
To avoid such situations, it's vital to gather and analyze all relevant facts and policies before making a decision on responsibility and insurance coverage.
Ultimately, determining responsibility for exterior water and sewer pipes requires a full analysis of the facts and pertinent policies and documents.
Frequently Asked Questions
What is the sewer line from the private owners property to the local main called?
The sewer line from a private property to the local main is called a Private Sewer Lateral. It's a critical pipe that connects your home to the public sewer system.
Are local governments responsible for paying for sewer line repairs?
Local governments are usually responsible for paying for sewer line repairs, but there's a gray area when the line is connected to a private property. Property owners may be responsible for repairs in these cases.
Sources
- https://www.missionac.com/plumbing/water-line-leaks/who-is-responsible-for-a-waterline-leak-outside-of-the-home/
- https://echo-ca.org/water-water-everywhere-who-responsible-damage/
- https://unitedwaterrestoration.com/blog/hoa-water-damage/
- https://www.mercuryinsurance.com/resources/home/what-are-service-lines-to-my-home-and-am-i-responsible-for-them.html
- https://www.tcpalm.com/story/money/real-estate/2016/10/30/condominium-association-life-who-responsible-clogged-drain-lane/92297274/
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