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The intrusion of sewage (or fresh water) from a community maintained utility line in a community maintained space is the responsibility of the HOA. While you might be able to file a homeowners claim and be compensated for remediation (except in a state like CA where sewage back flow may be excluded in your agreement with the insurance company), you may be discouraged from filing as the insurance company would then be motivated to sue the HOA and then raise your rates and drop you.

In this uncomfortable situation, the HOA needs to satisfy their liability-- which is to make you whole.

Retain a lawyer and as part of the settlement, insist that a back water device be installed between your unit and the common line, AND that the HOA obtains (and demonstrates to you) their liability insurance for future events.

Think of liability of a condo in this way: you are responsible for your car on the street until someone else hits it. If you can not identify the other party then your no-fault insurance will cover the damage. If the other party is identified then your insurance may reimburse you but subsequently sue to recover the damages from the other driver. In either case, you have exposed your insurance company to increased costs.

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Q: Who is responsible for damage caused by a sewage pipe back up in a condo The Condo Master Policy or Individual Homeowners Policy?
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