D.M. from Hartford County, Connecticut writes:
Dear Mister Condo,
Our small PUD declaration does not specify many exact situations where the HOA is responsible for related expenses as opposed to the homeowner. Given this situation, would you consider the HOA or the homeowner responsible for the underground water and sewer lines between the mains and the home?
Mister Condo replies:
D.M., I am sorry that your HOA is facing water and sewer issues. Of course, this is not an uncommon situation over time where roots and other items can disturb the flow of water. In some municipalities, the utility supplier has some responsibility but it is more common for the association to be responsible for any item that is shared use for multiple units. Water and Sewer are clearly for the benefit of multiple owners unless an individual unit has a singular connection to either. While it may not be spelled out in the documents as an individual item, it is safe to say that the water and sewer lines are for the benefit of multiple owners and should be treated as a common element and maintained by the association, in my opinion. Realistically, that would benefit all homeowners and would allow the HOA to control the work of the contractors hired for the repair. This is also important because the common grounds will need to be dug up to make the repairs. All the best!
Along with water and sewage pipes what about the well head?? I am in an HOA with its own water well and the developer said it was his and he sold it to a water business for $50,000. I say the the well head is a common element and belongs to the HOA! Your opinion??
M.B., I am sorry for your situation but this is not uncommon. Developers have many ways of making money off of HOAs including selling assets that the developer owns. In your case, it would appear that the developer did not include the water well in the transaction. It seems underhanded but it is perfectly legitimate. If the association is interested in purchasing the water well, they should contact the current owner and see what it would cost and make a business decision on whether or not to purchase the well. All the best!