the sewage pipe of my condo backed up and the black water ca

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PostPosted: Sun May 19, 2013 12:37 pm   Post subject: the sewage pipe of my condo backed up and the black water ca  

The sewage pipe in my condo backed up and the black water came as high as 10th floor, but damaged my apartment the most as i live on the first floor.

i do not have HO-6 and condo association tells me that they are not responsible for any damage done to my apartment. I looked through our condo docs and did not find anything that says that I am responsible when Common Element(sewage pipe in this case) is at fault,

it only said that if it is due to my negligence i am at fault.

Is there any recourse?

dpolmir
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PostPosted: Sun May 19, 2013 2:23 pm   Post subject:   

Quote:
Is there any recourse?


Don't know as you don't mention the correct part of the paperwork. You state that it says you are not responsible. Responsible for what? How would it state this? If indeed it states _you_ are not responsible when sewage backs up, who does it state _is_ responsible? Also, _why_ did the sewage back up (kind of important to know). You simply don't post enough information.



I can say that the condo association will always say they are not responsible. Find out why the sewage backed up, what/who caused it and then review your agreement again based on this information. If the agreement does not address it then who ever caused the back up would be liable.
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PostPosted: Sun May 19, 2013 3:34 pm   Post subject: sewage back up  

the pipe that backed up is considered a common element and the responsibility of the condo association. Nobody knows why it has backed up, but the residue of the back up was seen up to the 10th floor. the 1st and 2nd floors were damaged the most.

We had to hire the cleaning company, they cut the walls 2 ft from the floor, removed part of the wood floor in the room and so on. Association paid part of the cleaning bill as for the rest they say it is our responsibility.

Our condo docs say that the above mentioned pipe is the responsibility of the condo association, they must maintain it. Also condo docs say that we are responsible for eliminating the damage only if it happened due to our negligence which is not the case here.

We spend money to restore the walls, paint, restore the floor and are trying to recover the expense. We are thinking about taking the association to the small claims court

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PostPosted: Mon May 20, 2013 4:52 am   Post subject:   

Since the condo docs say that pipe is their responsibility, you need to prove that the incident happened not because of your negligence and try to find out the actual reason behind (if the incident took place due to an accident). Talk to the association before sending them any summons.



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