QUESTION
Homeowner Association responsibility question?
Asked on Dec 08th, 2012 on Contracts - North Carolina
More details to this question:
I live in a townhouse where I pay HOA fees that covers common area problems. I have a tree that is HOA responsibility that has grown roots in my sewage pipe 15 ft from my townhouse deck. The pipes being backed up are flooding my house. The HOA says it is my responsibility since in their contract it says I am responsible for problems with my sewage line since it is only serving my townhouse. However the tree roots are in common area and caused the pipe to break. I do not feel like I should have to pay for the repair of the pipe.
1 ANSWER
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The terms of the contract control. It is nice that you "feel" that you shouldn't have to pay, but all sewage lines in your HOA run under common areas and are subject to acts of nature while there. The agreement transfers this risk of loss to you.
Answered on Dec 08th, 2012 at 3:46 PM