Legal Question in Civil Litigation in Arizona
I live in Phoenix, AZ and own a condo unit which has some shared plumbing between units. My neighbor has a leak in her unit, caused by the pipe coming from my kitchen and connecting to the shared sewer line which happens to be accessible only from her unit. I have repaired and paid for the replacement of my pipe. Am I financially responsible for sealing her drywall back up and replacement carpeting in her unit?
1 Answer from Attorneys
If the damage to her condo (i.e., the drywall patching and damaged carpeting) was caused by a pipe in your kitchen that you are responsible to maintain and repair, then yes, you will have to pay for her damage. If the pipe that broke was owned by the HOA and is part of "common area", then the HOA would have to pay for your neighbors damage. However, it sounds like it was your pipe and your CC&Rs; make maintenance of your own pipes your responsibility and not the HOA's responsibility. As such, yes you would be responsible.