QUESTION
I have a tree root growing into a plumbing pipe under my condo bldg. The condo assoc mgmt says the pipe only serves my unit so its my responsibility.
Asked on Feb 29th, 2012 on Real Estate - Florida
More details to this question:
My condo documents state that common elements and limited common elements are both covered by the association for repairs and maintenance. They told me that my patio is considered a limited common element however the pipe in the walls of the building is ''my property''. Is this true? How can I find out who determines who is responsible for this repair?
I put a claim into my insurance who said the insurance for my unit doesn''t cover this, and they told me the building master policy should cover it. Again, the association states that it''s my property, so who insures this or who is responsible to repair a pipe that only serves one unit?
1 ANSWER
Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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You will need to review your condominium documents, and specifically your Declaration of Condominium, to determine what the definition of "common elements" is for your specific project. I think it is appropriate that the condominium association master policy would cover this sort of damage since a common element (the tree) is causing damage. I think it is lazy on the part of the Association to throw this in your lap, but again the circumstances of the condominium may make that appropriate.
Answered on Mar 01st, 2012 at 10:33 AM