I live in MA and am part of a 10 unit HOA which gets water from a private well for all 10 units. All 10 units are supplied water from the well via a common pump house on the premises. Our well water was recently tested during a pending unit sale and was found to have high levels of arsenic and coliform bacteria.
I called the HOA and they said they had not maintained the pumpand well. Nor have they done any routine monitoring of water quality. They claim since our HOA is under 10 units they are not legally obligated to do any any of those activities. Further they argue they are not responsible for any corrective remedies of the well.
Is this true or a generous interpretation of the law for them? It seems to me as the pump house and well are common structures they have some obligation to maintain them. If they do have an obligation and by their own admission neglected to do so there should be sone legal responsibility to at the least correct the issue.
I called the HOA and they said they had not maintained the pumpand well. Nor have they done any routine monitoring of water quality. They claim since our HOA is under 10 units they are not legally obligated to do any any of those activities. Further they argue they are not responsible for any corrective remedies of the well.
Is this true or a generous interpretation of the law for them? It seems to me as the pump house and well are common structures they have some obligation to maintain them. If they do have an obligation and by their own admission neglected to do so there should be sone legal responsibility to at the least correct the issue.