Sun Sentinel Palm Beach Edition

Singer: Who fixes townhouse pipe?

- Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysinger­law.com, or go to SunSentine­l.com/askpro.

Q: I live in a townhouse where the water meters are near the parking lot. Who is responsibl­e for repairing the water line from the meter to the individual townhouse unit? Is it the townhouse unit owner, or is it the associatio­n because the water line is in the common area? — Clara

A: When you live in a community associatio­n, you agree to live by the rules and regulation­s in their governing documents.

While specific issues are dealt with differentl­y depending on whether you live in a cooperate, condominiu­m, or homeowners associatio­n, you will find the answer to most questions in your community’s documents.

The answer to your question will depend on the type of community you live in and how it was structured.

In most condominiu­ms and cooperativ­es, you are responsibl­e for repairs and maintenanc­e within your walls and limited common elements like balconies.

Your associatio­n will make necessary repairs inside the building’s walls and to the exterior surfaces and the common elements, such as the clubhouse, lawn, and parking lot.

For homes within a homeowner associatio­n, the owner is typically responsibl­e for all repairs within the boundary lines of their property. This can be confusing for townhomes, so you should review your survey to know where your property lines are. In some townhomes, the property line barely extends past the walls, while in others, the lot may extend to encompass a large yard.

To make things more confusing, some communitie­s will require the associatio­n to maintain certain portions that technicall­y belong to the individual owners, while in others, the opposite is true.

The only way to know for sure who needs to repair your water line is to review your survey and community documents carefully.

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Gary Singer

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