Who Is Responsible for Sewage Blocks in Texas HOAs?

Question:

I live in a HOA community and own my home. Yesterday my sewage line backed up and a plumber came out and snaked the line from the opening outside my home and found a blockage which is not on my property but in a common are between 2 of my neighbors. While the type of blockage couldn’t be determined, the belief is that roots from a tree have broken through the PVC and causing the backup.

Do you think this is my responsibility or that of the HOA. The blockage is nowhere within my property lines.

Thank you!

– Thomas

 

Answer:

Hi Thomas,

You should check your association’s governing documents because it depends per HOA. The community plat or map should tell you which elements are general common elements, limited common elements, and exclusive common elements. Then your bylaws or CC&Rs should tell you who is responsible for each element — whether it’s you, your neighbor, or your HOA.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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