If the bathroom pipes from both my toilets are leaking into the unit below my condo, does the Association pay for the repairs or do I?

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If the bathroom pipes from both my toilets are leaking into the unit below my condo, does the Association pay for the repairs or do I?

The pipes are inside the walls. I cannot see them so I don’t do anything to maintain them. I live in Tennessee. The monthly fee is $150, but the condo is not managed well by its volunteer board. We have very little savings. I don’t think they are being honest with me. Should they be required to fix the pipes since the problem occurs inside the walls between 2 or more units?

Asked on September 6, 2011 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not the problem that you are experiencing with leaking toilets into the unit below yours is a common area issue to be paid by the association or your responsibility depends how the recorded "covenants, conditions & restrictions" and the association rules define a "common area" and whose responsibility for maintenance and repair as to those specified regions in the development where your property is located.

As such, you need to carefully read these documents in that they will most likely provide an answer to your question. To assist you in your question you need to see what repairs in the past the association made on its own at its own expense as opposed to the individual homeowner.

Good luck.


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