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Is the condo unit owner in a multi unit complex responsible…

Customer Question
Is the condo unit...

Is the condo unit owner in a multi unit complex responsible for his or her own plumbing repairs if those particular sewer pipes are used only by that unit and not shared by other units ?

Lawyer's Assistant: What steps has she taken so far? Has she prepared or filed any paperwork?

No paperwork

Lawyer's Assistant: Where is the condo located?

In North Fort Myers. Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The sewer pipes in the unit in question are under a concrete slab on the bottom floor of a two story eight unit building

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/21/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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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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Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks for your patience. The answer to your question is that it depends on what is in the bylaws or the CCRs. Generally, for things inside of the home such as the interior walls, floors, and appliances, the owner is responsible. For things such as plumbing, electricity, or common areas, the complex will be responsible. When it comes to the sewer pipes issues, it is likely the complex that will be responsible for ensuring that the matter is fixed. If not, they could be in breach of contract, even if the pipes only serve one unit.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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