A.A. from Maryland writes:
Dear Mister Condo,
My sump pump line was extended to a drain by our HOA so the public walk way stays clear of black ice in the winter. It looks like the integrity of that extension has now been affected and some water leaches out onto the public path. The new HOA is slow to respond this time around. Who is responsible in case someone is hurt with this situation? Thanks.
Mister Condo replies:
A.A., since I am not an attorney, I cannot offer you any legal advice in this column. In the litigious world in which we live, anybody can sue you for anything at any time. My guess is that if a slip and fall were to happen and a lawsuit were filed, the association would be the primary culprit as they own the grounds on where the accident would have occurred. However, that doesn’t mean you wouldn’t be named as well since the source of the water would likely be traced back to the sump pump in your unit. It is in the best interest of all that this safety hazard be repaired as quickly as possible. Other than to be a squeaky wheel with your association, there isn’t too much else you can do. They need to make the repair. Make sure you have insurance that would cover you in the event of a lawsuit. All the best!