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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a property damage claim arising from a sewer backup

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I have a property damage claim arising from a sewer backup under my condo unit. The association claims it is my responsibility, however this has occured previously and to avoid a large repair project the association elected to rotor rooter the sewer line periodically to clear the lines. Well it happened again and the repairs are in excess of $10,000. Do we have a case against the association or the management company that authorized the repairs. Additionally this will affect our ability to sell our property in the future due to disclosure of the water damage.

Thank you for your question and I'm sorry to hear about this situation.

The condominium association has a duty to maintain the common sewer lines. Where damage occurs to your property because of back up in or damage to the common sewer line, then it becomes the associations responsibility for the damages to your condominium.

Thus you would have a claim against the association for premises liability and negligent failure to maintain, and this should be covered under the associations insurance policy.

Do you have a copy of the association's policy, or at least know enough information to file a claim under the policy?

What exactly is the issue with the plumbing and can you say for certain the the problem arises in the common plumbing rather than with your plumbing?

Was anyone else's unit damaged?

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