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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Who is Responsible for a Tree Root Damaging a Pipe That Serves Only One Unit

    My question involves a condominium located in the State of: Florida

    A few months ago my plumber found the cause of my plumbing problems was actually a tree root through my pipe under the building. After a while, my association’s management company called me and said that due to the location of the break and that it has not yet joined the next unit, the pipe only serves my unit and is my responsibility to repair.

    I read my condo docs and they define something that serves only one unit as a limited common element and my condo docs say that all common elements and limited common elements are repaired and maintained by the association.
    When I went to the management company with this information, they said that plumbing is not a limited common element and the pipe serving only my unit is “my property” as they explained it.

    I put a claim into my insurance company but the explained I am not covered for this however the building’s master policy should cover it even if the pipe only serves my unit exclusively.

    I don’t know where to go next, or how to prove what defines a limited common element.
    Any help is appreciated.

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    201

    Default Re: Who is Responsible for a Tree Root Damaging a Pipe That Serves Only One Unit

    As a surveyor, I've done a few condo plats. LCE's are typically things like decks, porches and individual parking spaces. I've never seen a utility be defined as an LCE.

    Perhaps have a local real estate attorney look into your issue, it's possible he or she could help you better.

  3. #3
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Who is Responsible for a Tree Root Damaging a Pipe That Serves Only One Unit

    this is what Florida law defines common elements as:



    718.108 Common elements.--
    (1) "Common elements" includes within its meaning the following:
    (a) The condominium property which is not included within the units.
    (b) Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements.
    (c) An easement of support in every portion of a unit which contributes to the support of a building.
    (d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements.
    (2) The declaration may designate other parts of the condominium property as common elements.

    If you take that and this (from your condo declaration):

    I read my condo docs and they define something that serves only one unit as a limited common element and my condo docs say that all common elements and limited common elements are repaired and maintained by the association.
    a utility that serves more than one unit is a common element. Since the condo declaration states that something that serves only one unit is a limited common element, I would think it is covered.

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