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Snakewhisperer · Feb 28, 2009, 10:04 PM

Greetings. I have a ground floor condo with two units above me, having an identical kitchen layout directly bove mine. I recently had a back up of water under my sink when I ran my garbage disposal. I called a licensed plumber out. He told me there was a block in the common 2" line, which he snaked, saying that would be an HOA responsibility. After he snaked the line, the garbage disposal started leaking from the bottom and needed to be replaced. The plumber said that trying to run the disposal with a clog probably put stress on the disposal and could have caused it to break. The HOA refuses to pay for it, stating that they believe I clogged my own drain. They are unaware that any common line exists except for the 3" sewer line, which they recently snaked. They did not even talk to my plumber. I am planning to take the HOA to small claims court to sue for damages caused by back-up in the common 2" line. There are no obtainable diagrams of the layout of the building showing the way the pipes run. I plan to get a good letter from the plumber stating that based on the location of the clog, he determined it to be in the common line. Question: Is there anything else I can bring to court besides this letter to make my case convincing? Also, do you think I have a case suing for the replacement of the garbage disposal, along with the cost of snaking the line? The garbage disposal was over 5 years old. I don't know when it would have needed to be replaced were it not for the back-up. I could use any and all opinions, particularly anything I could use in court. Thanks in advance.

Milo Dolezal · Feb 28, 2009, 10:41 PM

Snake: one of my rental unit is located on the bottom too with exactly the same configuration as you are describing in your post. We had dozen of leaks caused by clogged common pipe. HOA always paid for cleaning the common pipe but not for the carpet cleaning and other damage.

You have slim chance with your GD claim. I doubt it was caused by the back up. Anyway, come back and let us know how you did at the Court.

Snakewhisperer · Feb 28, 2009, 10:55 PM

Originally Posted by Milo Dolezal

Snake: one of my rental unit is located on the bottom too with exactly the same configuration as you are describing in your post. We had dozen of leaks caused by clogged common pipe. HOA always paid for cleaning the common pipe but not for the carpet cleaning and other damage.

You have slim chance with your GD claim. I doubt it was caused by the back up. Anyways, come back and let us know how you did at the Court.

Thanks for the quick reply. Should they at least be required to reimburse me for the cost of the clean out? It was $80.

Milo Dolezal · Feb 28, 2009, 11:06 PM

If your plumber had to install new Clean Out on the common pipe - than, technically - Yes, they should pay for it. But their defense will be that you should have obtain their approval first. Moreover, you should not give anybody permission to work on common pipe. These decisions are made by elected Board of Directors. As illogical as it may sound - you may not recover cost of installing that Clean Out, cost of your GD and other damage caused by the sewage spill. You got to believe me on this one...

On personal note: I would not bother taking them to Court. You certainly are right in this situation - but you will most likely lose. It will cause you your valuable time, money and aggravation. And in the end - it is the place where you live. You will have to face these people for as long as you live there. So, why rock the boat ?