Who is responsible for the sewer repair?
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Question
Hello, esteemed Rabbi, We live in a four-story building, and the building has four sewer pits, two of which are located in our private garden. About every year and a half, a blockage occurs in the sewer pits in our garden. The building committee calls a plumber to address the issue, and the cost is paid from the building committee's budget. Usually, the blockages are caused by tissues, wipes, or other waste. However, we, who live on the ground floor, are the only ones directly affected by the blockages. Every time it happens, the sewage rises from the inspection boxes inside our apartment, as well as from the toilet, causing great inconvenience, strong odors, and challenging cleaning. The sewage leaks under the kitchen cabinets, the bathroom, and the laundry room, requiring thorough cleaning and causing great distress. Additionally, our garden is covered with synthetic grass, and every time there is a blockage, we have to remove it to deal with the issue. This has caused the synthetic grass to tear in various places, and the stones that level the ground have become unsettled. About two weeks ago, there was another blockage. The sewage came out in particularly large quantities, so we immediately called a plumber. When he arrived, it turned out that the cause of the blockage this time was a bush or large plant that had grown in the sewer pit and almost completely blocked it. The plumber removed the bush and successfully cleared the blockage (in this case, it was not waste like tissues or wipes). In our garden, which is about 5x4 meters, there are two fruit trees located about two meters from the sewer pit where the plant grew. There are two sewer pits – one about 1.5 meters from the trees and the other about 2 meters away. The plant grew from the second pit. The building committee claims that since the plant grew in our garden, the responsibility for paying the plumber this time falls on us. We wonder if this is indeed correct, or if it is a general responsibility of the building, as was the case with previous blockages. We would appreciate your response on this matter.
Answer
Hello,
The responsibility for the repair lies with all the residents who use this pipe.
Source
According to the instructions of the Gaon, Rabbi Avraham Fried, shlita