Pipe or Fixture?

[Al Belmonte]

Hello,

I recently had a leak from a toilet fixed that had been due to the flange on the end of the drain pipe being cracked. I live in a condominium complex where the following items are specified as owner responsibility:

Interior leaks
Faucet/Fixture leaks
Malfunction of Fixture

This is specified as association responsibility:

Malfunction of Pipe

My question is where this type of repair would fall. Obviously, I’m hoping that it would be considered a malfunction of the pipe. If that’s the case, I’ll need some help substantiating that position.
Any clarification on this question will be greatly appreciated.

Kathleen

[SylvanLMPParticipant]

Hi Kathleen, you lucked out.

If the floor flange was cracked and was replaced this should be the buildings responsibility.

No matter what the material the floor flange was still part of the “piping” Installation.

I have gone to court several times over cases like this and you have a great shot at winning this issue.

This is waste piping should not be your responsibility for guarantee integrity.

This would be my PROFESSIONAL OPINION, ( by the way you should also be covered by your home owners insurance JUST like the building should also be covered by a policy)

Please keep me posted.

[Author]

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