Is the Condo Association Responsible for Sewer Backup Damage?

The condo building sewer backup responsibility may be shared between the HOA and the individual unit owners. Strangers may also be liable if they cause damage intentionally or negligently.

Homeowners associations (HOAs) are an essential part of condo management. In Massachusetts, the condo HOA manages sewer lines for the exterior and common areas, and individual condo owners are generally responsible for their private units.

However, there may be exceptions depending on the cause of the damage and other factors. While some HOA’s governing documents may provide clarity, including who is responsible for condo sewer backups, it still helps to contact an experienced attorney for legal advice.

Is the Condo Unit Owner Responsible for Damage Caused by a Backed-up Sewer Pipe?

The condo unit owner may be responsible for damages from backed-up sewer pipes depending on its location and cause. Individual owners are responsible for their units or deliberate damage. However, condo communities typically have an HOA or condo owners association (COA) that is responsible for maintaining and repairing plumbing damages in the property’s common areas.

Common areas are those spaces in and around the property that owners share, such as the roof and exterior cladding, parking lot, landscaping, pools and clubhouses, and shared vertical pipes. It excludes the interior of individual units. The vertical lines remove wastewater from the condo units and shared bathrooms and are connected to lateral drain pipes running into the condo units.

When pipes clog or back up in one of the shared areas, it may cause the water to spill into the residential units. In this case, any damage is likely the HOA’s responsibility. The HOA typically takes care of the main line, prevents blockages, and repairs damages. However, there is an exception.

Regardless of the location, if another person’s intentional or negligent act causes damage, that person may be liable to fix the problem. The person could be a condo owner or a visitor, whether invited or uninvited. Similarly, if a condo owner misuses their property and causes a drainage problem in the common area, that condo owner bears the repair cost.

It is essential to follow all guidelines related to the building’s drainage system to prevent damage. For example, where there are instructions on how to flush materials down the toilet, ensure you and your guests comply to the extent that they are not arbitrary and unreasonable. Some drainage systems may have unique directives about their usage and maintenance. In that case, it is best if the HOA educates the condo owners about the unique features to help them better understand their responsibilities.

Who Is Responsible for the Sewer Lines in a Condo?

Generally, the condo owner is responsible for sewer line repairs in their unit. However, there may be challenges in determining who is liable for certain damages.

The branch lines in the wall serve specific units and are generally considered part of the unit owner’s responsibility. However, there may be confusion when the pipes intersect to serve multiple condo owners or common areas. Some may argue that such shared lines should have shared responsibilities, but it may be more complicated when there is damage. When one person is proven to have caused the damage, they may be held responsible.

For example, suppose the condo owner above your unit fails to maintain their plumbing drains and damages the building. In that case, that person may incur repair expenses, even for damages outside their unit. When the situation becomes complex, the best approach may be to consult an experienced attorney to assess the particular facts of the case.

One way to clarify ambiguities is by assigning responsibilities from the beginning. Some HOAs detail duties and obligations of each party in the covenants, conditions, and restrictions (CC&Rs) or governing documents. These legally binding contracts can be enforced in a court of competent jurisdiction.

Who Is Responsible for Sewer Smells in Condos?

The condo owner, the HOA, a third party, or a combination of any of these three may be responsible for sewer smells, depending on its origin, location, and cause. Sewer smells typically result from faulty plumbing, causing gases from the sewer to leak into the condo or other areas of the property, such as shared restrooms, janitorial closets, and basements. There may be multiple explanations for this occurrence, including the following:

• Leaks: Improperly placed vents or pipes can cause leaks in the plumbing system, exposing the condo to sewer gas. Sewer gas may also leak into your condo when plumbing vents are installed too close to your windows or air intake. If the HOA or their agent did the installation, the HOA might bear the cost unless the cause is attributable to the condo owner.
• Blocked vent: Every property has a vent system for plumbing. This system ensures that fresh air gets into the drainage pipes so water can move from the sink, toilet, and shower when in use. When the vent is blocked, the odor remains in the lines and builds up inside the building.
• Damaged drain line: The sewer line may crack or break, causing the sewage to escape underneath the facility or into the walls. The HOA may be responsible for repairing damage caused by natural events, such as earthquakes, especially if it affects the whole or substantial part of the property, unless the governing documents, such as a housing contract, state otherwise.
• Clogged drains: Like air vents, drains transport toxic waste through the sewer system. Clogs may cause debris to gather and decompose in the lines, allowing sewer gas to leak back into the condo. If condo owners cause clogs, they may be liable to correct those issues. As with the other smell sources in this list, the responsibility to handle and pay for clogs may be covered by a housing contract or other governing documents.

Contact the Condo Lawyers at Calabrese Law Associates for Assistance

The general rule is that all sewer lines found in the common areas are the HOA’s responsibility, while those in the individual units are the owner’s responsibility. However, if the damage is attributable to a specific person, they may be liable to pay repair expenses, regardless of where the line is located. It’s best to consult an experienced attorney as soon as possible for assistance because these situations sometimes get complicated.

Calabrese Law Associates provides tailored legal solutions to condo unit owners, property owners, managers, and HOAs in the Greater Boston Area. Our professionals have served clients for years, helping them through various challenges. We aim to create a lasting and beneficial relationship by providing efficient and transparent legal services. Contact us today to learn more!

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This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.