As the owner of a condo, you probably already know some of the pros and cons of being a member of an HOA (Homeowners Association) or COA (Condo Owners Association).
One of the benefits of an HOA is that they often cover maintenance costs associated with communal areas. For example, your HOA will probably take care of trash removal, landscaping, snow removal, and general maintenance of the exterior of the building. Condo associations will also take care of shared stairwells, elevators, and hallways. However, anything within your own condo is generally your responsibility.
But what about sewage backups? Whose responsibility is it to take care of mitigating the damage and making repairs following a sewage backup? These catastrophes often take place within your unit, but the sewage pipes are obviously part of the shared property with your neighbors.
The burden of cleaning up after a sewage backup – and preventing them from occurring in the first place – can be dependent on a few different factors. It isn’t uncommon for there to be disputes over who should be responsible for any damage from the sewage system.
What Sewer and Main Plumbing Line Maintenance Issues Are Covered by an HOA?
Because HOAs are responsible for common spaces, they will generally cover plumbing line maintenance issues associated with the vertical drainpipes throughout the building. These vertical pipes remove wastewater from individual units and shared bathrooms. They are connected to lateral drainpipes as well, which run from the vertical pipes to each unit.
If a pipe backs up or clogs in one of these shared areas, the water can spill over into a residential unit. In that instance, the responsibility quite clearly falls to the HOA.
Sewer line replacement and maintenance are also generally considered to be the responsibility of the HOA. It is their obligation to keep the main line clear from any sort of backup, blockage, or damage. This includes the kind of damage that comes from tree roots growing through the sewer lines and the general wear and tear that happens over time.
When an HOA is responsible for sewage backups in your condo, they will need to cover the costs of:
- Stopping the backup from occurring
- Replacing or repairing any pipes that are causing the issue
- Any water damage restoration services required to return your condo to its pre-damaged condition
When Are You Responsible for Sewage Backups in Your Condo?
If a sewage backup occurs due to your misuse of the plumbing system, you are likely going to be liable for repair costs. Be sure to follow your building’s instructions when it comes to flushing materials down the toilets. Unfortunately, many people use their toilets as a way to dispose of unwanted materials. Some of those materials can cause major plumbing issues.
Never throw diapers, paper towels, sanitary napkins, tampons, or wipes into your toilet. If it turns out that a backup is the result of something you did, you are most likely going to end up paying for the resulting damage to your condo, even if you didn’t realize that the behavior was a problem.
You should always check your HOA documents carefully to ensure you understand what issues will be considered your responsibility and what issues will be covered by the HOA. You may also want to review these documents with your insurance agent to ensure that you have the right coverage for all types of potential water damage disasters, including plumbing failures.
What to Do to Ensure Your HOA Covers the Cost of Sewage Backup Falling Under Their Responsibility
If you experience a sewage backup in your condo and believe your HOA is responsible for the costs of all associated repairs, make sure to take the following steps to ensure your HOA fulfills their contractual obligations:
- Report the issue to the HOA management company and board members immediately.
- Document the damage by taking photos and videos immediately after the incident occurs.
- Review your condo’s governing documents, particularly the CC&Rs, to determine responsibility for repairs. Look for clauses about shared plumbing and sewer lines.
- Confirm that the sewage backup originated from a common area or main sewer line since these are the types of issues HOAs are typically responsible for covering.
- Request a professional assessment from a licensed water damage restoration company to determine the cause and extent of the damage. If the water damage restoration company confirms the issue stems from the main sewer line or common areas, present this evidence to your HOA.
- Check your HOA’s insurance policy to see if it covers sewage backups. If it does, insist that the HOA file a claim.
- Keep detailed records of all communications with your HOA and any expenses you incur related to the sewage backup.
- If the HOA fails to take responsibility, consider speaking to an attorney specializing in condo law to review your case and advise you on next steps.
Persistence and proper documentation are key to ensuring your HOA fulfills its obligations. Make sure you continuously follow up with your HOA until they take action, and comply with any requests they make for documentation as quickly as possible.
It’s also a good idea to review your personal condo insurance policy to understand your coverage for sewer backups. You can then work with both the HOA and your insurance company to determine who is responsible for compensating you for all costs associated with the issue.
Steps to Take Immediately Following a Sewage Backup in Your Condo
There are also important steps you should take immediately following a sewage backup to minimize the damage to your condo:
- Stop Using Water – Avoid flushing toilets, draining sinks or using any water fixtures since these actions can make the backup worse.
- Wear Protective Gear – Always wear the proper protective gear when you are in an area damaged by a sewage backup. This gear should include waterproof boots, gloves, safety goggles, and an N95 mask. Avoid direct contact with sewage water since it contains a variety of contaminants and can cause serious health issues.
- Shut off Electricity – If it’s safe to do so, shut off the electricity in the affected area to prevent electrical hazards. Do not touch electrical equipment near the sewage since it may have come into contact with contaminated water.
- Ventilate the Area – Open windows to improve airflow and reduce foul odors.
- Contact a Water Damage Restoration Company – Call a licensed water damage restoration company immediately so that you can begin addressing the issue in a timely manner.
If You Have a Sewage Backup in Your Condo, You Must Get Professional Help with Cleanup
Sewage is dangerous, and any damage to your condo should always be handled by professional water damage restoration specialists. Sewage contains bacteria, parasites, viruses, and fungi. When humans are exposed to sewage, they can end up dealing with intestinal damage, lung infections, and skin conditions. It is not uncommon for sewage-related bacteria to cause diarrhea, cramping, fever, nausea, weakness, and vomiting.
Cleaning up water damage by yourself means that you take on the risk of these illnesses and side effects from exposure to sewage. It also increases the chances that the cleanup process won’t be handled correctly, and this can result in additional damage to your condo.
If you experience water damage from a sewage backup in your condo, you should take the following precautions:
- Don’t touch anything
- Don’t eat or drink anything that was exposed to sewer water
- Don’t try to clean it up by yourself
- Leave items where they are so that professional water damage restoration specialists can determine which items are salvageable and which ones are not
your local FLEET company Can Help with Water Damage from a Sewage Backup
If you’ve experienced water damage in your condo from a sewage backup, prompt action is critical to minimize damage and restore a healthy environment. your local FLEET company is the leading water damage restoration company in your area. We offer 24/7 emergency response services and will arrive at your condo promptly after receiving your call to begin work.
Our team is fully licensed and insured in your area, and we have the experience necessary to handle every aspect of the water damage restoration process, from initial assessment through all repairs and restoration work. Regardless of the scope of the damage or the size of your property, we can ensure your condo is returned to its original condition and all health hazards are eliminated.
In addition, our team regularly works with insurance companies and condo HOAs. We can help you navigate all interactions with these entities and ensure all damage is properly documented to facilitate a smoother claims process. If your HOA is responsible for covering the damage, we will make sure their process for addressing sewage backup water damage is complied with properly.
Contact us today at 844-967-4911 to schedule an appointment. your local FLEET company serves customers in your area.