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My building management claims that I am responsible to

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Hello, my building management claims...
Hello, my building management claims that I am responsible to repair a pipe leak in the building garage (common area) located under my unit. There is no pipe leak in my unit whatsoever. The management claims that I am responsible for any item associated with my unit inside or outside. Am I responsible to repair a pipe, that connects to my unit but is located in the common garage area outside my unit?
attached is the bylaw
Submitted: 5 months ago.Category: Real Estate Law
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12/12/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,497
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

Based on what you are telling me the pipe is in a common area. Has the management company cited the alleged bylaw that they claim would make you responsible?

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

Are you online with me?

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Customer reply replied 5 months ago
the bylaw is attached
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

F which you have circled is the only way that you would be liable

"All equipment, appliances, machinery, mechanical or other system which serve one unit exclusively whether or not same are located within the unit."

If this is for your units exclusive use you would be responsible.

Condominium Act TITLE 46 - PROPERTY Section 46:8

d. "Common elements" means: (i) the land described in the master deed; (ii) as to any improvement, the foundations, structural and bearing parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways, elevators, entrances, exits and other means of access, excluding any specifically reserved or limited to a particular unit or group of units; (iii) yards, gardens, walkways, parking areas and driveways, excluding any specifically reserved or limited to a particular unit or group of units; (iv) portions of the land or any improvement or appurtenance reserved exclusively for the management, operation or maintenance of the common elements or of the condominium property; (v) installations of all central services and utilities; (vi) all apparatus and installations existing or intended for common use; (vii) all other elements of any improvement necessary or convenient to the existence, management, operation, maintenance and safety of the condominium property or normally in common use; and (viii) such other elements and facilities as are designated in the master deed as common elements. e. "Common expenses" means expenses for which the unit owners are proportionately liable, including but not limited to: (i) all expenses of administration, maintenance, repair and replacement of the common elements; (ii) expenses agreed upon as common by all unit owners; and (iii) expenses declared common by provisions of this act or by the master deed or by the bylaw…

k. "Limited common elements" means those common elements which are for the use of one or more specified units to the exclusion of other units.” http://www.c-ihc.org/PDF/Condominiumact.pdf

In New Jersey the association general collects association dues from the owners for repair and maintenance of common areas. There is a distinction when certain areas are considered “limited common areas” that may be required by the bylaws to require the unit owner to maintain them.

Based on your bylaws I do see that the pipe you refer is for the exclusive use of your unit.

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Customer reply replied 5 months ago
look at the bylaw the last page, they circled it, the question is if pipes are considered as a part of "F", because if you are reading "A" pipes should be considered "from the interior surface of the walls, floor or ceiling into the unit."
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

If that pipe is exclusively used by your unit you would be responsible.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

F is an exception.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

"All equipment, appliances, machinery, mechanical or other system which serve one unit exclusively whether or not same are located within the unit."

If this is for your units exclusive use you would be responsible.

It does not matter that it is located outside of your unit based on the language I put in bold and underlined. I know that was not the answer you were hoping to receive and apologize for being the bearer of bad news. I hope you will not shoot the messenger.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Customer reply replied 5 months ago
I read this differently, "A" includes plumbing and is not related to "F". Also, "F" does not indicate that it is "the exception" to "A" as it should have if it was, in fact, the exception.
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

I would like to see your way.

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Customer reply replied 5 months ago
Also I don't think that pipes in the common area would be considered as "equipment, appliances, machinery, mechanical or other systems" because it is being defined within
"A"
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

You can argue that the language is unclear and ambiguous. I read A as stating that if it extends to your unit for your unit's exclusive use it is your responsibility. I have been reading legalease for 30 years and that is what I see.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

Above A it specifically states "although a part thereof may not be located in the unit..." This is under the heading of what is included as part of the unit. I agree it contradicts other language. To me it is clear in the paragraph we are discussing.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

You can try telling them that this is unclear to you and that the language should be clear.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

If there is no leak in your unit why does this need repair?

This is the language that makes the pipe inclusive, unless it does not exclusively serve your unit.

"Which are exclusively appurtenant to such unit, and shall include, but not be limited to the following individual appurtenances to the extent that same serve such individual unit only and not any other unit or any portion of the common area elements.”

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

Would you like me to opt out for another Attorney? Are you online with me?

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