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Is a leaking shower considered a Limited Common Element?

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Category: Ask The Expert Q&A
Created on Tuesday, 18 October 2011 Written by Lauren Peddinghaus

Q. My question is similar to the question from Aug. 4, 2011 "Who is responsible for a leaking shower drain?"  Our condo declarations state that "any system or component part thereof which serves the Unit exclusively to the extent that such system or component part is located outside the boundaries of the Unit" is an Exclusive Limited Common Element, and repair of Exclusive Limited Common Elements are the responsibility of the Unit Owner.

So in this scenario, isn't it the Unit Owner's responsibility to pay for repairs to his leaking plumbing/shower drain between his unit and the unit below?  The leaking is causing damage to the downstairs neighbor's ceiling.

A. Because the system you are referring to serves all of the units as part of the common plumbing, a leaking shower drain is likely not considered a Limited Common Element but rather part of the Common Elements.

The easiest way to determine whether the unit owner or the association is responsible

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