Pipe bursts in Woodmoor Townhomes, causing four foot icicle of human waste to form

MONUMENT, Colo. (KRDO) - During Saturday's deep freeze, a sewer pipe in Woodmoor Townhomes cracked and caused a drip that quickly turned into a four-foot icicle over the course of the week.

Mike Ware owns the home closest to the leak and says he and his neighbor haven't been able to flush their toilets or run water for the last week because the water would have nowhere to go.

Initially, Ware called a plumber and thought it was his property and problem to solve. Later, on Wednesday, he realized that the problem was the Lake Woodmoor Townhome's association's jurisdiction.

KRDO13 Investigates contacted that homeowner's association, to which their legal representation responded:

"It is my understanding that a homeowner reported a water leak issue to the Association’s management company last Saturday and that the same homeowner notified the manager that the issue had been resolved as of Sunday.  I also understand the same homeowner then contacted the management company on Wednesday afternoon with different information, advising that the problem was much grander in scope than originally conveyed. In response, the Association immediately contacted a plumber to assess the situation, and both the management company and Board of Directors have been following the contractor’s recommendations ever since. I also understand that other than the initial homeowner, no other homeowners have contacted the management company or the Board of Directors regarding any water problems. 

I cannot comment on the ETA for fixing the water problems, but I understand the plumbing company has been working diligently with the Association to address the problem. As to who is ultimately responsible for the repairs, our office is currently reviewing this issue, and we have not yet made that determination. In the meantime, however, the Association is committed to taking action to perform the repairs necessary to address the immediate problem, while reserving the right to seek reimbursement and/or pursue liability from other parties should that be necessary."

On Wednesday, the headache of figuring out whose pipe it was ensued. According to Ware, the Lake Woodmoor Townhome Association claimed that the broken pipe was the property of the Woodmoore Improvement Association, and therefore their responsibility to fix it.

The Woodmoore Improvement Association says otherwise.

KRDO13 Investigates contacted that association today, to which they replied:

"The Lake Woodmoor Townhomes Association owns approximately 1.52 acres of common area that immediately surrounds the townhomes which is comprised of parking lot areas and grass common areas (Tax ID# 7111406055 and 7111406056 respectively).  The common areas in question are part of two (2) separate filings; Lake Woodmoor Townhouses filing #I and Lake Woodmoor Townhouses filing #2. These properties are currently deeded to the Lake Woodmoor Townhomes Association. 

There is a dedication statement for the common areas in paragraph four (4) of the plat notes for the Lake Woodmoor Townhouses Filing #1 and paragraph seven (7) of the plat notes for Lake Woodmoor Townhouses II (#03034, 26 June 1969) which identically read as follows;

“Common areas designated on this plat shall be deeded to the Woodmoor Improvement Association for the exclusive use of its members. The improvement and maintenance of all property deeded to the Woodmoor Improvement Association shall be the sole responsibility of the association.”

A review of the deeds for common areas for WIA does not indicate that the common area(s) in question were ever deeded over to WIA.  Further, per a motion by the WIA Board of Directors passed on 8 January 1973, The Board of Directors indicated that they did not want to take ownership of the common areas around the townhomes. The BOD minutes through 1975 make no further mention of the townhome common areas. Woodmoor Corporation filed bankruptcy in 1975, which was affirmed on appeal on 14 April 1980 (Case No. 78-1782).

In conclusion, based on our records, WIA has never been responsible for or paid for any maintenance of the common areas for Lake Woodmoor Townhomes I and II. These properties have been maintained by the sub-HOA for over 50 years.

None of the land for the Barn or the WIA parking lot is part of the aforementioned filings.  The Barn and the parking lot are part of Lake Woodmoor Townhomes Filing #3.

While it is perhaps understandable that the current property manager would prefer to decline responsibility for these water and sewer problems, WIA strongly believes that they have no legal basis for doing so.  Moreover, although this system is connected to the larger Woodmoor Water and Sanitation District system, at the time Lake Woodmoor Townhomes were developed, responsibility for this private system was specifically reserved for the Lake Woodmoor Townhomes community and the system was neither constructed according to WWSD standards nor conveyed by the developer to WWSD as is common with later developments within the district."

Today, as KRDO13 was on scene, a plumbing company showed up to fix the problem, allegedly called by the Lake Woodmoore Townhome Owner's Association.

Ware said the initial problem was fixed, but the backup caused to his sewer line was so severe, it would take much longer to get running water in his house to drain properly.