Legal Question in Personal Injury in California

responsibility for condo common area sewer backup

who is responsible, and under what theory of recovery for a sewer back up in a condominium project


Asked on 7/18/08, 12:03 am

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: responsibility for condo common area sewer backup

This cannot be answered without more facts.

Pleas resubmit with more details.

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Answered on 7/18/08, 8:39 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: responsibility for condo common area sewer backup

It depends on where the sewer pipe is located and how many units it services. If it is an exclusive use pipe it might be the responsibility of the homeowner. If it serves more than one unit it might be the HOA. Look at the governing documents, I have handled many of these types of cases, they are not easy, and most of these type of cases end up in litigation. Good Luck!

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Answered on 7/18/08, 8:39 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: responsibility for condo common area sewer backup

The sewer line is probably common area and structure and therefore the responsibility of the association. That being said, if the line is backed up due to the negligent conduct of an identifiable owner, that owner is liable to the association for the cost.

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Answered on 7/19/08, 2:39 pm


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