Usually the HOA pays when the clog is in a sewer line that serves several homes, and you pay when it's in the branch that serves only yours. Your recorded CC&Rs draw the exact line. A clog in the city's main under the street is the city's job.
Who is responsible for which part of the sewer line?
A townhome sewer system has three layers, and each one can have a different owner:
| Layer | What it is | Usually responsible |
|---|---|---|
| Branch line | Runs from your fixtures to the shared line | You |
| Shared private line | Serves two or more homes, often under the driveway or common area | The HOA, if the declaration makes it common property |
| City main | The public sewer in the street | The city |
The City of Phoenix states the baseline this way: property owners maintain the water and sewer lines that run through their property and connect to the city's mains. For condos and similar dwellings it tells residents to "contact your local homeowners association to determine your responsibilities." Arizona's condominium law follows the same logic: the association maintains the common elements, and a portion of a fixture "serving more than one unit" is part of the common elements. That's the statute for condominiums, and a shared sewer line in a condo is a typical example. Townhomes that aren't condominiums rely on the declaration alone.
### What does the declaration usually say about sewer lines?
Wording varies, but most declarations sort pipes with one of three tests. Some use location: a line under a building or common area belongs to the association, and a line inside a lot line belongs to the owner. Some use service: a line that serves one home is that owner's, and a line that serves two or more homes is common. Some use a point of connection, such as "from the point where the line leaves the building." Look for the words "utilities," "common elements," "common area" and "maintenance" in the table of contents, and read the definitions section, since a term defined once controls every later use. A recorded plat can also show the lot lines and easements that a sewer runs through.
If you cannot tell from the words, ask the association for its written position and for any past invoices where it paid for work on the same line. A consistent practice of paying for shared-line repairs is helpful evidence, though it does not override the document.
How do you tell which line is clogged?
Where the water backs up tells you a lot. One drain slow or backed up usually means a branch line problem. Several fixtures in your home backing up together points to your own main run. Backups at more than one townhome, or water coming up in the lowest drain in the building after neighbors run water, can point to the shared line. Our page on main line vs. branch clogs explains the signs.
A plumber settles it with a camera. The inspection shows where the blockage sits and whether a cleanout for the shared line is upstream or downstream of your connection. That written finding is the best evidence you can hand the association. If sewage is running out of a manhole in the street, skip the HOA and report it to Phoenix Water Services on the 24/7 emergency line, 602-261-8000, which takes reports of a main break or overflow.
What should you do before you pay a plumber?
- 1Call management, and read the declaration. Look for the sections on common areas, utilities and maintenance responsibility. Some communities require notice before an owner hires anyone.
- 2Don't let a backup wait. Sewage in the house is a real emergency, and the plumber's first job is to stop it. See when to call an emergency plumber.
- 3Get the finding in writing. Ask the plumber to note the line, the location of the clog, and whether it serves one home or several.
- 4Keep the receipt and send a written reimbursement request to the association if the clog was in a shared line. Cite the declaration section you're relying on.
- 5Check insurance for the damage. Backups often need a specific endorsement, as covered in does homeowners insurance cover sewer backup.
### How do you ask the association to pay?
Put the request in writing and keep it short and factual. A good request has five parts:
- 1The date and address, and a one-sentence description of the backup.
- 2The plumber's written finding: where the blockage was and whether the line serves one home or several.
- 3The section of the declaration you believe makes the line the association's, quoted exactly.
- 4The invoice and a copy of any camera footage or photos.
- 5What you are asking for, such as reimbursement by a specific date, and how the association can reach you.
Send it by a method that leaves a record, such as certified mail or the association's portal. Ask the board to place the request on the agenda of its next meeting. Arizona's open meeting rules for condominium associations, A.R.S. 33-1248, let members attend board meetings and speak on agenda items. If the answer is no, ask for it in writing with the reason.
### What if sewage got into the house?
That is a second problem on top of the first. Photograph the damage before cleanup, and call your insurance carrier about the loss, since coverage for sewer backup often needs a specific endorsement. If you live in a condominium, Arizona's insurance statute lets an owner report a loss under the association's master policy, but the owner has to report it to the association first and give the association ten business days to decide in writing whether it will file a claim. Keep the plumber's finding, because who owned the line can matter to the insurer as well as to the association. Townhomes that are not condominiums rely on their own policies and the declaration.
### Should you wait for the association before calling a plumber?
If sewage is backing up, no. Stop water use in the home, call a plumber, and tell management the same day. Waiting for a board decision while sewage sits in a bathroom costs more than any dispute. If the line turns out to be shared, your written notice, the plumber's finding and the invoice are the evidence you need. If your declaration requires the association's approval for repairs to shared lines, say in your notice that you acted because of an emergency.
What if the association says it's your line?
Ask for the section of the declaration that puts that line on you. If you disagree, Arizona's Department of Real Estate runs an HOA dispute process that's an alternative to civil court. Only an owner or the association can file, and the department can't tell either side what it may or may not do. A camera inspection showing that the blockage sits past the point where several homes join is usually the strongest exhibit.
For the single-family version of this question, see who is responsible for the sewer line in Phoenix. If it turns out the clog is yours, HQ is licensed and insured, and gives free estimates with the price up front before work starts.