Never Take Legal Advice From Your Plumber - by Ralph Beuc, e-Pointe! Commentator

Webmistress - Amy Savidge

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Never Take Legal Advice From Your Plumber

Now the title of this article says something that most people would agree with in a minute. After all, we don’t take tax advice from a mechanic, nor do we take engine rebuild advice from an accountant.

Many people get into the frame of mind that if an experienced plumber says it is so, then it must be. On many occasions, a homeowner has come to a board meeting presenting a bill for a plumbing line cleaning (or a sewer backup issue), and stating that the bill is the responsibility of the HOA – all on the basis that their plumber told them that since the clog was “outside of the unit” it is the HOA's responsibility to pay for the work. I say this as a former board President who had to deal with these issues directly.

Where a clog or other problem occurs in a sewer line is not the determining factor of whose bill it will be; rather, it's who caused the clog/damage. Individual units in this complex have sewer lines that run from their unit, before they meet up with the main line. When a plumber cleans out an individual line and finds hair, excess paper,

feminine hygiene products or other such items blocking their individual line, it's the homeowner's bill, whether or not the clog is on their side of the wall. It is a reasonable conclusion that it was the homeowner that put those items into the line, not the HOA. Examples of HOA-responsible line problems can include tree roots penetrating the line, a line merely breaking from old age or a shift in the soil.

On the other hand, clogging materials can make it to the main line, where it can no longer be determined who flushed the items. In that case everyone pays for it. After all, it's everyone's dues that go into the funds that the HOA has to pay these bills from. Once a year, the HOA has the main lines inspected and cleaned. And every year, it amazes the board as to what is found in those lines - what people consider "flushable." “Flushable” or “disposable” wipes, toys, batteries, deceased pets and even auto parts. All of these items can and have caused massive sewer backups into many units here, causing a lot of damage and heartache for residents; damage that we all end up paying for.

Be kind to our lines and keep it simple when using your bathroom facilities. Note that while the label on the product says it’s “disposable” or even “flushable”, it is probably best to toss it in the waste bin than risk a backup. Watch the little ones in your home, and make sure they understand what toilets, sinks and tubs are supposed to be used for.

And remember: never take legal advice from your plumber!