What is an HOA’s liability for a water line break between the townhouse and the local water authority?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is an HOA’s liability for a water line break between the townhouse and the local water authority?
Several townhomes in my community (not mine yet) have had to have the exterior water line between their home and the local water authority replaced because the lines broke. To my knowledge thus far, the townhome owners had to pay for it. I have inquired with my homeowner’s insurance company if there was any coverage for such an event. They said no, but the HOA should be liable for it. That is why we pay a monthly HOA fee after all. What do you think?
Asked on October 22, 2011 under Real Estate Law, Maryland
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not the homeowner's association that you are a membe rof has the obligation to pay for the broken exterior water line depends upon if the area where the break occurred is a common area that the association is responsible for under the recorded "conditions, covenants & restrictions" where you reside.
You need to obtain a copy of this document as well as any approved rules and regulations by the members of the association as to where the common areas are and whose responsibilty it is for their maintenance including all underground water lines.
If you are not getting direct answers to your question that you write about, I suggest that you place your issue on for the next agenda of the association's board of directors for an answer.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.