Legal Question in Real Estate Law in Arizona

We had a sewer backup into our condo last Jan. 2009 caused by roots in the lines. We asked that they scope the lines to find out the cause. The HOA did not scope the lines and this March 2010 we again had the same sewer backup into our condo and the one next to ours. They did do a scope this time and found cracks in the pipe and roots clogging the line. The HOA is taking care of the cleanup again this time but since it is happening twice in 14 months do we have any recourse for compensation for our pain and suffering through all this. Both times it has been 3-4 days of fans, dehumidifiers and sanitizing. Then they bring in people to tear out drywall in all rooms, redo drywall, mud, spackle and paint; recarpet, etc. Meanwhile our life is put on hold and we have to live through this upheavel because the HOA will not pay for motel, meals, etc. We are asking if there is any legal way of being compensated or how to approach the problem of resale after two sewer backups and disclosing it in a resale.


Asked on 3/23/10, 9:26 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Pain and suffering is not an item of damages for which you can be compensated. If you can show that the HOA management was negligent in the performance of their duties, the homeowners would have a claim against the management company for wasting their money. Resale should not be a problem because the defect has now been repaired.

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Answered on 3/29/10, 8:47 am


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