Who is Responsible for Drainage Issues Caused by Plants?

Question from dido, Who is Responsible for Drainage Issues Caused by Plants?

Answer from AI:

The responsibility for water backup in your condo due to plants in the area outside your unit depends on several factors, primarily outlined in your condo’s governing documents. Here’s a structured approach to understanding and addressing the issue:

1. Review Governing Documents

• CC&Rs and Bylaws: Check your Condominium’s CC&Rs (Covenants, Conditions & Restrictions) and bylaws to determine if the area outside your unit is classified as a common area or a limited common area. Common areas are typically maintained by the condo association, while limited common areas may be your responsibility.

2. Determine Maintenance Responsibilities

• Common Area: If the area is a common area, the condo association is usually responsible for maintenance, including plant trimming and drainage. They should ensure that plants do not obstruct drains.
• Limited Common Area: If it’s a limited common area, you may have more responsibility, possibly including plant maintenance to prevent drainage issues.

3. Assess Liability for Water Damage

• Source of Backup: If the backup is due to clogged drains from plant growth, determine if the drains are part of the condo’s system or your unit. Liability may fall on the responsible party for maintenance.
• Insurance Coverage: Review your insurance policy to see if it covers such damage. The condo association’s insurance might also be relevant if they are responsible for the area.

4. Take Proactive Steps

• Document the Area: Take photos and document the condition of the plants and drains.
• Communicate with the Association: Contact them to inquire about maintenance responsibilities and request action if necessary.

5. Consider Legal Advice

• If there’s a dispute with the association or significant damage, consulting a legal professional can help clarify your rights and the association’s obligations.

Conclusion

The responsibility likely lies with the party responsible for maintaining the area, which is determined by your condo’s governing documents. Reviewing these documents, communicating with your association, and seeking legal advice if needed are key steps to resolve the issue.