Recently I sent the following letter to Richard White who authors a column on Condominium/Homeowner issues in the Naples Daily News. The following is the question I sent to him and the answer he sent back to me. If you've ever had a question about who's responsible for damage to the inside of your condo, read on....
Dear Richard,
A client of mine recently experienced a sewer backup in their first floor condominium. They immediately contacted the property management company and after a bit of haggleing the management company agreed to send out a plumber to assess the cause of the problem. Since my clients unit is unoccupied in the summer and the water main is turned off the problem obviously was the rersult of water useage/backup from the occupied upstairs unit. When the plumber arrived, he found that the outside/common line was the cause of the problem and his repair cost was absorbed by the association.
Unfortunately the sewage backed up through the kitchen sink and overflowed onto the tile floor in the kitchen and living room so this hazzardous material which included fecal matter had to be cleaned up.The association contacted FireService and were given a cleanup estimate which the association rejected as too expensive and then told my client that they are responsible for cleanup inside their unit even though it was caused from the outside common line.
Question: Is the owner responsible for a cleanup that was caused by a clogged outside/common sewer line?......or is the association responsible for getting their unit back to it's original condition?
Signed
Sonny Gutro
Peace of Mind
Here is Richard White's reply....
I deeply regret the delay in answering your question. I receive huge numbers of questions as my syndicated column is published weekly in several papers and magazines.In fact, I receive well over 500 questions per week. Since I can only put less than 1% of these questions there are just too many to answer in the column. I have other business and personal activities that prevent me from timely answers. Keep in mind that your question only communicates one side or a part of the problem and since I am remote, it is difficult to provide a final answer. Most questions can be answered by reading your association’s documents and statutes. I cannot provide legal advice and this communication cannot be used for any support of legal assistance as an opinion or recommendation. For legal advice, contact a qualified attorney. My writings are copyrighted protected and created comments rights are retained. If you find my column interesting, please send a letter or email to the Editor of the news paper. You can be the influence to continue my column. You can also help support the column with a small donation with a PayPal click and use any credit card at: www.TalkWithCAM.com. Or, mail to Richard White, 6039 Cypress Gardens Blvd, #201, Winter Haven, FL 33884-4115. (Small contributions are greatly appreciated as I will use the funds for equipment and supplies)
Here is his answer to my question....
The unfortunate fact is that you are responsible for any damage to your personal property and that includes your unit regardless of the source of the damage. The condominium law say that all condominium owners must/should carry insurance. This is an insurance claim.
Mr. White attached an article to the E-mail he sent me saying that he wrote it many years back on a situation where he was the property manager. If you want a copy of the article he's referring to call us at 239-450-1699 and we'll send you a copy.
He continued with the following caveat...
You should read your documents to see what they say about utility or sewer lines. This section will determine who repairs (unclogs) the sewer line. Regardless of who pays to fix the drain, you are still responsible for the repairs to you apartment.
