Boca Raton, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: Water line clogged in apartment building and backing up into shower drain and flooding the floor.

I live in the 5th floor of a 5 story condo.

The toilet drain line was clogged far into the pipe like 30-40 feet. We called a plumber to snake the drain line. Water was back flowing into our shower drain.

Question: who pays the plumber the unit owner or the condo association as the clog was in common area pipe 40 feet down the drain line.

1 Lawyer Answer
Erik A. Perez
Erik A. Perez
  • Landlord Tenant Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: This is an excellent question that I come across weekly. I've helped many clients with this issue. Since the property is in a condo association, the pipe may be what is considered a "common element" or "common area" pipe. If the plumber has determined that the pipe services other units at the Association, it will be a common element pipe. Thus, the Association will be responsible for paying for the damages, including the plumbers bill. These types of leaks may be destructive and affect other areas of your unit which may cause further damages. My recommendation is to document everything by taking photos, saving all invoices, and saving all correspondence with the association. Thereafter, immediately contact a Florida lawyer to open a claim.

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