My question involves a condominium located in the State of: Michigan
After spotting a growing stain in my ceiling I contact the property management company for my condo association. They sent out a plumber who couldn't identify the problem so he put a little caulk on the trim rings around the tub spigots and said to watch an see if the leak persisted. It did. I pulled the toilet and found that the flange had been installed improperly and was actually missing a piece that retained one of the bolts that holds down the toilet. I notified the management company and they said the flange was my responsibility. Doubting their assertion I asked for a copy of the Consolidating Master Deed which had the following language:
The Common Elements of the Project and the respective responsibilities for maintenance, decoration, repair or replacement thereof, are as follows:
(a - e, other elements)
(f) Sanitary Sewer. The sanitary sewer system throughout the Project, including that contained within Unit walls, up to the point of connection with plumbing fixtures within any unit.
When I read this it seems apparent that they are responsible up to the point of the fixture, in this case the toilet and wax ring. They are trying to get out of doing the flange repair and also want me to pay for the useless trip made initially by the plumber.
Is the flange part of the toilet or part of the sanitary sewer? It is glued to the pipe below it, which is also made of PVC.
Thanks for your thoughts.
After spotting a growing stain in my ceiling I contact the property management company for my condo association. They sent out a plumber who couldn't identify the problem so he put a little caulk on the trim rings around the tub spigots and said to watch an see if the leak persisted. It did. I pulled the toilet and found that the flange had been installed improperly and was actually missing a piece that retained one of the bolts that holds down the toilet. I notified the management company and they said the flange was my responsibility. Doubting their assertion I asked for a copy of the Consolidating Master Deed which had the following language:
The Common Elements of the Project and the respective responsibilities for maintenance, decoration, repair or replacement thereof, are as follows:
(a - e, other elements)
(f) Sanitary Sewer. The sanitary sewer system throughout the Project, including that contained within Unit walls, up to the point of connection with plumbing fixtures within any unit.
When I read this it seems apparent that they are responsible up to the point of the fixture, in this case the toilet and wax ring. They are trying to get out of doing the flange repair and also want me to pay for the useless trip made initially by the plumber.
Is the flange part of the toilet or part of the sanitary sewer? It is glued to the pipe below it, which is also made of PVC.
Thanks for your thoughts.
Repair and Maintenance: Is a Condo Owner Responsible for Repair of a Broken Toilet Flange
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