Shower pan - common element or not?

[goosemonkey]

I live in PA in a small condo with 3 total units. A shower pan in one of our unit failed, and subsequently that unit successfully filed a claim and got coverage from our Association's insurance.

Now, another shower in that same unit has failed and been rejected by the Association's insurance. The reason from the insurance was that the first one was classified as shower pan defect, the 2nd classified as improper installation.

The question is, is the shower pan now considered a common element since it was initially covered by the HOA insurance? Our condo docs clearly state how plumbing fixtures are part of a unit, but also says such items should be covered by association insurance.

What is right here?

 

[HomeGuru]

I live in PA in a small condo with 3 total units. A shower pan in one of our unit failed, and subsequently that unit successfully filed a claim and got coverage from our Association's insurance.

Now, another shower in that same unit has failed and been rejected by the Association's insurance. The reason from the insurance was that the first one was classified as shower pan defect, the 2nd classified as improper installation.

The question is, is the shower pan now considered a common element since it was initially covered by the HOA insurance?



**A: no


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Our condo docs clearly state how plumbing fixtures are part of a unit, but also says such items should be covered by association insurance.

What is right here?

**A: not enough info. Covered by insurance does not dictate whether a component is a common area or not. If it is not specifically stated in the condo docs concerning the shower pan, then th e HOA needs to seek legal counsel to render an opinion.