Sarasota, FL asked in Real Estate Law for Florida

Q: Who owns the water pipes in my kitchen that leaked? Condo association or me?

Here's what Declaration of Condominium says:

5.1 Unit Boundaries. Each Unit shall include that part of the condominium property lying within the vertical and horizontal boundaries of the Unit as established by the condominium plat as set forth in Composited Exhibit "B", which boundaries shall be determined in the following manner:

5.1.3. Perimeter Boundary. The perimeter boundary of each Unit shall be up to and including the vertical plane of the back-surface of the drywall serving as a perimeter wall which plane shall be extended to each level's upper and lower boundary.

5.2 Common Elements. The common elements include but are not limited to the following:

5.2.7 All electrical apparatus and wiring, TV cables, plumbing, pipes and apparatus, telephone lines, communication systems, and all other ducts, conduits, cables, wire or pipe, within the common elements and up to the unfinished surface of the Unit wall.

Pipes are between drywall and building outer wall.

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Typically the unit owner owns from the painted surface of the sheet rock and into the interior of the unit and the HOA or COA owns from the sheet rock below the paint and all of the interior cavity of the walls and ceiling ect. The COA would also own the exterior walls and the outside walls as well.

Hope this helps.

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: We have a lawsuit going on about this same thing. Inside the drywall (inside meaning the back of the drywall facing away from your unit) to the outside of the outer wall is owned by the Association, according to your recited document language.

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