condo dispute (drain drama) - any thoughts?

[SmooveDeac]

I've got a scenario I'm working through here at my condo, and I thought I'd throw it out to the hive mind to see what other people think:

We live in a condo building with eight units, two on each floor. We own one of the ground floor units. Our condo declaration states that the boundaries of each unit run from the finished flooring up to the ceiling, along with the patio/porch. Both "garden" units have patios which are basically under ground, and, because of this, there is a drain in the middle of the patio.

There is a clog somewhere in the drain line, and we're getting an awful stench coming up from our drain. The condo association has agreed to pay for the scope all of the drains on the property (there are five) because they haven't been checked in over a decade, but there is a question as to who would pay to unclog the drain if, in fact, the clog is underneath our patio. Our condo declaration is as vague as vague can be on this issue - it seems to be a gray area.

What do you think? Is unclogging the drain our responsibility, or the condo association's?

 

[dartsndeacs]

yours. drain is part of the patio/porch

 

[wfudkn]

It depends on where/what the clog is. If it is determined that the clog is leaves or other detritus from the patio then is say it is your responsibility. If the clog is from community use than I would say it is the associations responsibility. Won't know until you go in there.

 

[DistrictDeacon]

The downspouts for our building empty onto our patio area, so drain maintenance is paid for by the condo association.

 

[94Deac]

Ask yourself what happens to your property if the line totally clogs and starts backing up. Once the water is in your carpet and furniture, you'll have an answer. Maybe not a legal answer but a compelling one nonetheless.

 

[Biff Tannen]

Torch it.

 

[SmooveDeac]

Ask yourself what happens to your property if the line totally clogs and starts backing up. Once the water is in your carpet and furniture, you'll have an answer. Maybe not a legal answer but a compelling one nonetheless.

I thought about this...but you could apply the same logic to a leak in the roof. The short terms effects of that affect people on the top floor - and yet we all pay for roof maintenance...