Court Rules Drainage Pipes Under One Unit Provide “Common Benefit” to Multiple Units

This case involved a dispute between a homeowner (“Owner”) and her homeowners association (“Association”) over who was responsible for the maintenance of a HOA drainage pipe located under Owner’s townhouse that leaked and caused flooding and property damage. Association obtained summary judgment in the trial court on the grounds that it had no responsibility for maintenance of the subject HOA drainage pipe because it did not service more than one unit (Owners unit). Owner disputed Association’s contention regarding the number of units that were serviced by the subject drainage pipe and appealed the summary judgment granted by the trial court.