Congratulations! You Own a Sewage Pipe!

Where do you draw the line between “exclusive” use common areas and general common areas when dealing with liability of repair? A Newport homeowner was faced with a faulty sewage pipe directly under his home, which the Association deemed as “exclusive” and his responsibility to fix. Their CC&R’s stated that fixing any damage in a privately used area was not on their list of duties.

After further debate, the court ruled that it was the HOA’s responsibility to repair the pipe. The Association has an obligation to repair and maintain all common areas, even those that are not primarily seen, as they still affect more than one homeowner and influence the community as a whole.

Dover Village Association v. Jennison

Davis Stirling: http://bit.ly/gEuzv6Tinnelly: http://bit.ly/k0bFzV