Hereford, AZ asked in Real Estate Law for Arizona

Q: Please read the following CCR's and tell me who is responsible for damages if a pipe breaks inside the walls of a condo

HOA/CONDO or condo unit owner?

3.07 Maintenance By Owners. Each Owner shall furnish and be responsible for, at his own expense, all of the maintenance, repairs, and replacements within his own Condominium Unit. Such obligation shall include: . . . (c) the maintenance of, in an open and unobstructed condition, all sewer and drainage pipes, water and other utility lines serving an owner’s respective Condominium Unit between the points at which the same enter the respective Condominium Unit and the points where the same joins the utility lines serving other Condominium Units.

The dumb f**&&ing judge said unobstructed meant that the pipe itself must not be allowed to remain clogged. SERIOUSLY!!????

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1 Lawyer Answer

A: If it is a pipe that provides water to an individual condo unit, the owner of that unit is responsible under that language.

I agree unobstructed would mean that the owner may not allow a pipe to remain clogged.

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