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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118128
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in down stairs condo unit, recent had back up in tub,

Customer Question

I live in down stairs condo unit, recent had back up in tub, they went under the house to find clean was under the house it was filled with sewage the added a pipe to all my pluming under neath to lead the new clean out pipe to the outside, However the HOA said I need to pay $400.00 for the p trap that connects to the tub under the house
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Yes, Los Angeles ca
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, HOA sent Hydro company to clean my tub, tub never over flow and this company said I have a above level moisture on 1 of my walls in the bathroom with window above that faces the street I live on, and the a sprinkler system outside next to this wall where the sprinkler heads use to be broken, and another unit that sits above me.
Submitted: 3 months ago.
Category: Real Estate Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding the matter? What to the covenants and bylaws say about common area and area the under your slab and between the floor and ground?
Customer: replied 3 months ago.
I live in down stairs condo unit, recent had back up in tub, they went under the house to find clean was under the house it was filled with sewage the added a pipe to all my pluming under neath to lead the new clean out pipe to the outside, However the HOA said I need to pay $400.00 for the p ... view full
Yes, HOA sent Hydro company to clean my tub, tub never over flow and this company said I have a above level moisture on 1 of my walls in the bathroom with window above that faces the street I live on, and the a sprinkler system outside next to this wall where the sprinkler heads use to be broken, and another unit that sits above me.
Customer: replied 3 months ago.
covenants and bylaws only mention, H.O pays for drains, bathtub, showers, sinks, did not mention underneath p-trap.
Customer: replied 3 months ago.
CC&R's also say slab ASSOC. takes care of, Slab is that consider when the plumber goes underneath the house. On-site manager said I'm responsible for this P-TRAP that is connects with tub which is underneath.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
The P trap is between the sink/tub and drain system, if the Homeowner is liable for drains, sinks etc, then the homeowner is liable for the P-trap too as it is part of the drain system and the manager is correct.
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Customer: replied 3 months ago.
Again it states thatt the HOA is responsible for everything outside my walls including the common area's, this P-Trap is underneath the condo where the slab is.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
That is certainly a defense to you making the HOA liable to paying, but the law itself is dead silent on this issue, if your CC&R say homeowner is liable for drains, the p trap is arguably part of the drain, so you would need to actually get a declaratory judgment suing in court, because the laws do not address this and your CC&R do not define drains any further.
So, if you want to take them to small claims to get a judgment based on proving that the p trap is not part of the drain and a H.O. liability, but an under slab HOA liability, then that would be your recourse. Filing suit in court to get the court to determine which it is, because the bylaws are not clear, the law is silent and any reasonable party could argue both sides of this issue.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Expert:  Law Educator, Esq. replied 3 months ago.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.