You live in an apartment building and there’s a sewer problem. Your neighbors’ drain on the second floor is overflowing into your unit on the first floor. Or the riser pipe in the stairwell is leaking. Who is responsible? The apartment owner, the homeowners’ association, or both?
This is a question that frequently sparks debate within homeowners’ associations. Yet in most cases, the answer is quite clear—provided you know where the line is drawn between common and private areas. In this article, we explain how responsibilities are divided, what the bylaws stipulate, and how you, as a board member of a homeowners’ association, can stay on top of sewer maintenance.
Public vs. private: where is the line drawn?
The crux of the matter revolves around the division regulations. This is the legal document that determines which parts of the building are common areas and which are private. With regard to the sewer system, this distinction is made as follows:
Common sewer systems include anything that serves multiple apartments or is located outside private property:
- The risers (vertical drain pipes that run through multiple floors)
- The main sewer line under the building
- Connection to the municipal sewer system
- Shared conduits in crawl spaces, basements, and shafts
Private plumbing refers to the pipes that serve only your apartment:
- The drain pipes running from your sink, shower, toilet, and washing machine to the connection to the riser
- Traps and odor-proof seals in your home
- Connecting your private line to the shared line
In practice, this means that as soon as a pipe serves multiple apartments or is located outside the walls of an individual apartment, it becomes a matter for the homeowners' association.
Who pays for what?
In principle, the allocation of costs follows the same pattern as the allocation of responsibility:
The homeowners' association pays for:
- Maintenance and repair of common pipes (riser pipes, main sewer)
- Preventive cleaning of the public sewer system
- Camera inspections of shared pipes
- Replacement or renovation of outdated downspouts
The individual owner pays for:
- Clearing a clog in your own drain when the problem is in the private line
- Repair of pipes inside your own apartment
- Replacement of traps, faucets, and connections
It gets more complicated when the cause isn’t immediately clear. For example: there’s a clog and water is overflowing in a resident’s unit on the first floor, but the cause lies in the riser pipe. In that case, the homeowners’ association pays, not the individual resident. In such cases, a camera inspection can pinpoint exactly where the problem lies and determine who is responsible.
What do the division regulations say?
The division of responsibilities regulations take precedence. In the Netherlands, there are several model regulations in use (1973, 1983, 1992, 2006, 2017). The newer versions are generally clearer regarding the allocation of maintenance responsibilities.
Most model bylaws state that the owner is responsible for maintaining “systems that serve exclusively his or her private unit.” As soon as a pipe also serves other units, it falls under common maintenance.
Still, there are some gray areas. For example:
- The connection point. Where does the private pipe end and the common pipe begin? In some homeowners’ associations, this is the wall of the apartment; in others, it is the point where the pipe connects to the riser.
- Damage caused by negligence. If a resident habitually flushes grease or wipes down the drain, thereby causing a blockage in the downspout, the homeowners’ association may recover the costs from that resident.
- Renovations. If a homeowner has renovated the bathroom and modified the drainage system in the process, they are responsible for any problems that result from those changes.
Are you unsure about the allocation? Always consult your homeowners’ association’s bylaws. If anything is unclear, the association’s manager or a legal advisor can help.
Common sewer problems in condominium complexes
Apartment complexes have their own set of sewer problems. Due to shared pipes and the age of many complexes, certain issues occur more frequently:
Clogged downspouts
Riser pipes are the vertical drain pipes that connect all floors. Over years of use, grease, limescale, and other deposits build up. Eventually, water no longer drains properly, and residents on the lower floors experience backflow. Professional drain cleaning is then necessary to clear the pipe.
Root growth
In older buildings with a garden or courtyard, tree roots can penetrate the sewer system. They seek moisture and grow into the pipe through small cracks or seams. This can lead to blockages and, ultimately, to a pipe rupture.
Aged pipes
Many apartment buildings from the 1960s and 1970s still have their original cast-iron downspouts. After more than 50 years, these are often severely corroded. Replacement or relining is then the only permanent solution.
Sewer smell in the stairwell
Unpleasant odors in common areas often indicate a problem with the ventilation system or a dry trap. Read more about the causes in our article on sewer odors in the home.
Preventive maintenance: why it pays off
Many homeowners’ associations don’t address sewer problems until it’s too late: a resident is dealing with flooding, there’s a foul odor in the stairwell, or a costly repair suddenly becomes necessary. This is understandable, since sewer maintenance isn’t the first thing that comes to mind. But reactive maintenance is almost always more expensive than preventive maintenance.
Here’s an example: preventive cleaning of the downspouts in a 20-unit apartment complex costs a fraction of what you’d pay for an emergency call where multiple units have suffered water damage. Add in the resulting damage (floors, ceilings, insurance claims), and the price difference is enormous.
What does preventive sewer maintenance entail for a homeowners' association?
- Regular cleaning. Have your downspouts and main sewer line cleaned once every two to three years. This will prevent buildup from causing a blockage.
- Camera inspection. A camera inspection provides insight into the condition of the pipes. You can spot root growth, cracks, sagging, or buildup before they become a problem.
- Maintenance contract. Many sewer companies offer contracts for periodic maintenance. This provides certainty regarding costs and scheduling.
- Include it in the long-term maintenance plan. Include sewer maintenance and replacement in the long-term maintenance plan. This way, you can set aside funds in advance and avoid being caught off guard by a large expense.
Tips for Homeowners' Association Board Members
As a homeowners' association board member, you play a key role in the complex's sewer maintenance. Here are a few practical tips:
- Assess the condition of the sewer system. Not sure how old the pipes are or when they were last cleaned? Have an inspection performed. That will give you a starting point.
- Communicate clearly with residents. Explain what constitutes common maintenance and what constitutes individual maintenance. This will help avoid disputes when the bill arrives.
- Set aside funds. Make sure there is sufficient room in the reserve fund for sewer maintenance. Replacing a downspout can cost tens of thousands of euros if you wait until damage occurs.
- Choose a reliable sewer maintenance company. Work with a company that has experience with condominium complexes and is transparent about costs. Avoid surprises by agreeing on a fixed price in advance.
At RBNL, we regularly collaborate with homeowners’ associations and property managers. We offer fixed prices, employ our own technicians, and are happy to help you develop a maintenance plan tailored to your complex. Visit our page for property managers for more information or contact us.
Frequently Asked Questions About Sewer Maintenance for Homeowners' Associations
Is the homeowners' association always responsible for the downspout?
That’s generally the case in most condominium bylaws, yes. The downspout serves multiple apartments and is therefore considered part of the common maintenance. Check your own condominium bylaws for the exact provisions.
Can the homeowners' association recover costs from an individual resident?
Yes, if it can be shown that the resident caused the problem through negligence or misuse. Examples include repeatedly flushing greasy or damp wipes down the toilet. A camera inspection can help determine the cause.
How often should the sewer system in a homeowners' association complex be cleaned?
A good rule of thumb is to clean the downspouts and the main sewer line once every two to three years. For older complexes or those with known issues, annual cleaning may be advisable.
How much does sewer maintenance cost for a homeowners' association?
That depends on the size of the complex and the type of maintenance required. Preventive cleaning of downspouts is significantly cheaper than emergency repairs following water damage. At RBNL, we work with fixed rates and provide a quote upfront so you know exactly what to expect. Call us at 085 303 9999 for a no-obligation consultation.
Should sewer maintenance be included in the long-term maintenance plan?
This is highly recommended. By including sewer maintenance and any necessary replacements in the long-term maintenance plan, you can set aside funds in advance. This prevents the homeowners’ association from facing an unexpected large expense. In our next article, we’ll take a closer look at how to draw up a long-term maintenance plan for the sewer system.
