All I’ve heard about this winter is Frozen. No, not the movie, but the pipes. For condos (and to some extent townhomes), cold weather brings the cold reality of one familiar theme … frozen pipes, leading to water leaks, resulting in damage. And, one of the most common disputes in a community association is the dispute over who is responsible for paying for that damage. More often than not, boards and managers presume the owner or party responsible for maintaining the pipe is also responsible for all damage caused by the leak. However, that’s not always the case, as liability for repairs is determined through a number of factors, including language of the governing documents, applicable insurance, and the circumstances surrounding the incident.
Determining who is responsible for damage could be a complicated matter, so before jumping to any conclusions make sure you discuss with the association’s legal counsel. Our article Cold Weather Maintenance Headaches may be helpful in your review.
And, if you’re stuck on the idea that the owner of the pipe is always responsible for the damage, as Elsa would say…LET IT GO.