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 9 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.

 


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