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Old 04-09-2009, 04:24 PM
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Join Date: Apr 2009
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Unhappy

water leak


What is the name of your state (only U.S. law)? Georgia

What is the name of your state (only U.S. law)? Georgia

I brought a Town Home, in fee simple ownership last october.
I saw some wetness at the steps infront my house. I thought it's a water leak and it's responsibility of HOA as it's outside my house and reported to them. They sent a plumber to see the issue and found that the water pipe from the main water line to my house is leaking and it goes under my steps. They need to break my steps to fix it and it is going to cost $5000. HOA is saying that it's my responsibility. I have the extract from the covenants towards the end of this mail. Can somebody clarify me if I should goto a real estate attorney to decide on the responsibility? I don't know how to proceed. Can somebody help me please?
I am not getting sleep because of this.

Extract from my covenants:
Owner's responsibility: Each owner shall maintain he or her unit, and all structures, parking areas, spinkler and irrigation systems, lancaping and other flora, and other improvemnets comparising the unit in a manner consistent with the Community-Wide standard and all Govering Documents, unless such maintenance responsibility is otherwise assumed by or assigned to the Association. Each owner shall also maintain the driveway and mailbox serving his or her unit and all landscaping located in the right-of-way immediately adjacent to the owner's uint. In addition to any other enforcement rights,if an owner fails properly to perform his or her maintenance responsibility, the Association may perform sucha maintenance responsibilities and assess all costs incurred by the Association plus a ten percent adminstration fee against the Unit and the Owner is accordance with Section 8.5. The Association shall afford the owner reasonable notice and an opportunity to cure the problem prior to entry. except when entry is required due to an emergency situation.

  #2  
Old 04-10-2009, 09:18 AM
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Join Date: Apr 2009
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Can somebody please reply. I am asking something very personal?
  #3  
Old 04-10-2009, 10:59 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by arnoori View Post
What is the name of your state (only U.S. law)? Georgia

What is the name of your state (only U.S. law)? Georgia

I brought a Town Home, in fee simple ownership last october.
I saw some wetness at the steps infront my house. I thought it's a water leak and it's responsibility of HOA as it's outside my house and reported to them. They sent a plumber to see the issue and found that the water pipe from the main water line to my house is leaking and it goes under my steps. They need to break my steps to fix it and it is going to cost $5000. HOA is saying that it's my responsibility. I have the extract from the covenants towards the end of this mail. Can somebody clarify me if I should goto a real estate attorney to decide on the responsibility? I don't know how to proceed. Can somebody help me please?
I am not getting sleep because of this.

Extract from my covenants:
Owner's responsibility: Each owner shall maintain he or her unit, and all structures, parking areas, spinkler and irrigation systems, lancaping and other flora, and other improvemnets comparising the unit in a manner consistent with the Community-Wide standard and all Govering Documents, unless such maintenance responsibility is otherwise assumed by or assigned to the Association. Each owner shall also maintain the driveway and mailbox serving his or her unit and all landscaping located in the right-of-way immediately adjacent to the owner's uint. In addition to any other enforcement rights,if an owner fails properly to perform his or her maintenance responsibility, the Association may perform sucha maintenance responsibilities and assess all costs incurred by the Association plus a ten percent adminstration fee against the Unit and the Owner is accordance with Section 8.5. The Association shall afford the owner reasonable notice and an opportunity to cure the problem prior to entry. except when entry is required due to an emergency situation.

**A: we would need to review the Declaration etc. in it's entirety.
Contact a local attorney.
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