What to do if a sewage backup damaged several condo units and was found to have as its major cause was an improperly installed waste pipe?

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What to do if a sewage backup damaged several condo units and was found to have as its major cause was an improperly installed waste pipe?

It was put in without the correct elevation so materials never drained out completely. Additionally, a secondary cause is guessed to be cat litter flushed down toilets. Our relative was one (or maybe the only) person who flushed cat litter. So far the association has paid for the repair of all damage to other units, inside and out. If our relative does not ask the association to pay for the damage, does this seem like an admission of culpability in the sewage backup? Relative has not asked yet because they had a stroke the next day and are still hospitalized. Backup was 2 weeks ago.

Asked on August 6, 2013 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written about a member of your family on behalf of the property owner with backed up sewage should write the association about the health issues of the relative, the backed up sewage and request payment for the damages and repairs. Failure for the relatives to act could be deemed a waiver of any claim they may have.


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