Association or Homeowner Responsibility of Broken Pipe Under Slab?

[brisasdelmar]

What is the name of your state (only U.S. law)? CA

Hi,

I live on the ground unit condo where both my cold and hot water pipes run under my concrete slab to my bathrooms. Oddly, the pipes belonging to the unit above mine also run under my concrete slab. The water utilities are not individually metered and paid by the association. The cold water pipes are on a shared line where the main shut-off affects several units. The hot water pipes however extend only from my hot water heater to my bathrooms.

I have had numerous broken pipe slab leaks under my unit from both my pipes and my upstairs neighbor. When I presented this to my Association, I was told the hot water pipes are my sole responsibility to repair and maintain. Are these pipes in the "common area" beneath the slab and fall under the Association's responsibility to repair?

According to the Association, here are the excerpts from the CC&R's that state this:

"...each Owner shall be responsible for maintaining those portions of any heating and cooling equipment and other utilities which are located within or which exclusively serve his Unit. Additionally, fixtures designed to serve a single residence shall be deemed to be a part of the Unit or such residence, even if located outside the boundaries of such Unit or residence."

"Each Owner shall maintain, repair, replace, paint, paper, plaster, tile, finish and restore or cause to be so maintained, repaired, replaced and restored, at his sole expense, all portions of his Unit, as well as the windows, doors, light fixtures actuated from switches controlled from or separately metered to, such Owner's Unit, and the interior surfaces of the wall, ceiling, floors, and permanent fixtures."

I have been told by an attorney that "heating and cooling equipment" in these terms pertain only to the mechanical and electrical units and not the hot water piping. Is this correct?

Also, does "fixtures" in this case include pipes? And is there a distinction between hot and cold pipes and utilities? I also found the following in my CC&R's:

"The Association is responsible for the costs of any and all utilities metered to more than on Unit and other commonly metered charges for the property."

Does this mean the Association is responsible only for the water bill, or the maintenance and repair of water pipes... and does this include hot water pipes as well?

Thank you.
-BDM

 

[FarmerJ]

It sounds like If your upstairs neighbors pipes leaked even if its under the floor of your unit the neighbor is obligated to pay for repair BUT you know what if you can get a copy of the original building plans it might be worth having them reviewed by a plumber , I say this because if there is a shared cold water line then you can see where it is and if the next leak is cold water line then your not responsible for repair and restoration. It might not hurt to learn the name of a atty who practices in HOA/ condo laws too because if you learn of a shared cold line and it leaks then you would be better served by a atty since its likley youll need help forcing them to pay the repair /restoration cost.