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My daughter-in-law lives in a townhouse development where…

Customer Question
My daughter-in-law lives in...

My daughter-in-law lives in a townhouse development where each block of 9 units is serviced by a common underground waterline. She has to have her shut-off valve replaced and was told by the park HOA that they are unable to shut off the water to her block because they can't find the shut-off so the entire development would have to shut down from the street and a boil water order would be issued by the Dept. of Health. She was further told the cost to shut off the water by the utility, collection of samples for 4 days by the utility and testing of samples in at the Dept. of Health lab would be hers. I disagree with the HOA. Are underground water pipes 'common elements' until the shut-off valve in each unit?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

How's your understanding of Canadian law in the province of New Brunswick?

Lawyer's Assistant: Has any paperwork been filed?

Not yet.

Submitted: 4 months ago.Category: Canada Law
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Answered in 4 minutes by:
12/7/2017
Lawyer: DMWEsq,
 replied 4 months ago
DMWEsq
Category: Canada Law
Satisfied Customers: 10,398
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: DMWEsq,
 replied 4 months ago

Hi, I just noticed that this was CAN law. I'll opt out and alert the moderators. Thanks so much and my apologies.

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Customer reply replied 4 months ago
No worries
Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,010
Experience: Lawyer
Verified

I am sorry to hear this.

This is not a condo is this?

She has a freehold interest on her property as she owns it all, entirely, correct?

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Customer reply replied 4 months ago
It is a townhouse in a ‘block’ of 9 similar townhouses. She own her unit.
Customer reply replied 4 months ago
she has a freehold interest.
Lawyer: Debra, Lawyer replied 4 months ago

Where did you get the information that the HOA owns anything?

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Customer reply replied 4 months ago
I contacted the municipality and they informed me that the development is private property and their water service terminates 3' inside the property boundary that, presumably, is owned by the HOA as common land. On a site plan I was shown by the HOA there is a water shutoff to her building that is located on the common land. The HOA cannot find this shutoff (buried, paved over, ??)
Lawyer: Debra, Lawyer replied 4 months ago

But who owns the common land? If it is private property we need to know who owns it.

Can your daughter-in-laws find out specifically who owns it?

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Lawyer: Debra, Lawyer replied 4 months ago
Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.Thanks!
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