HOA wouldn't reimburse a $1,200 plumbing bill, so I just served them an $8,800 lawsuit
So my HOA is trying to blame a main sewer line root invasion on an "improper cleanout," and I just served them with an $8,800 Small Claims lawsuit.
Back in February, raw sewage backed up into my place. I called an emergency plumber who cleared the line and ran a camera, finding heavy root intrusion originating out in the common area walkway. I paid about $600 out of pocket for the emergency clearing and sent the receipt to management asking for reimbursement and for the HOA to clear the roots. Management told me that pipes on my property line were my responsibility, but said they would inspect the main line.
Fast forward to May, and sewage backs up a second time. This time I got three separate licensed plumbers to scope the line. All three confirmed structural root damage in the main line right near the walkway cleanout, with repair estimates coming in around $5,000 to $7,000. I sent all the reports and footage to management asking for urgent repairs.
Instead of authorizing the repair, management sent out their own plumbing vendor in early June to hydro-jet the main line and run another camera inspection. But then they completely hid their own vendor's video files and report from me. I spent a month demanding copies of their vendor’s inspection footage, but they just stonewalled me while the Board sat on it.
In July, the Board finally sent a formal letter claiming the issue was caused by an "improperly installed sewer cleanout assembly" that was my responsibility, and said their vendor's hydro-jetting was just done as a courtesy. Because apparently an improper cleanout magically plants full-grown roots inside a main pipe.
Under my state's HOA law, they're required to maintain common area infrastructure and turn over association records upon formal demand. I hit back immediately, demanding Internal Dispute Resolution and issuing another demand for their vendor's inspection records. Only after I cited statutory non-compliance penalties did management finally hand over their vendor's hydro-jetting report and the camera inspection video files. Of course, their own vendor found the same problem: root intrusion originating at the exterior clean out.
We held the IDR meeting on site. The Board president admitted they didn't even know the exterior cleanout existed, as mine and my neighbors units are the only ones in the community that have them. They said they needed 10 days to pull original city plumbing plans to find out where the cleanouts came from before they could resolve the issue, but an hour after the meeting ended when I emailed saying I looked forward to hearing back in 10 days, management replied to me saying they weren't legally required to give me a written resolution deadline, and basically opted to kick the can down the road further.
I sent a formal Notice of Intent to Sue with a 7-day deadline. They replied saying management would no longer communicate with me due to pending legal action.
So I went straight ahead and filed. My claim is for over $8,800, which includes out-of-pocket emergency clearings and diagnostics, the main line repair estimate (or a conditional judgement to force them to take on the repair), and a $500 statutory penalty for unlawfully withholding their vendor's records, and court fees. All I was originally asking for $1200 reimbursement for the emergency clearings, and for them to commit to handling the repairs. Every plumber said the repair would require them to trench 5 to 6 feet down in the common area, which I don't even have any legal authority to authorize even if I wanted to.
I served the papers and offered one last option to settle, but they let the deadline pass. Trial is set for the end of September. I have a thick evidence binder ready for the judge with four plumber reports, including their own vendor, email logs, and photos of common area bushes planted directly over the common area sewer cleanout. Wish me luck!
TL;DR: My HOA is blaming a common-area main sewer line root invasion on an "improper cleanout" to dodge repairs. After they hid their own plumber’s inspection report and backtracked on dispute resolution, I served them with an $8,800 Small Claims lawsuit.