Selling or buying a condo or townhome: sewer lateral rules
Reviewed by East Bay Sewer Inspection staff
Quick answer: It depends on the CC&Rs. If the HOA maintains the laterals, the HOA had to certify them by July 12, 2021. If the unit owner is responsible under the CC&Rs, the owner needs a Compliance Certificate before the sale. Buyers should get a copy of the HOA's Statement of Responsibility (SOR) from the HOA and confirm with EBMUD ([email protected]) that it's on file.
Who certifies the lateral in a condo or townhome complex?
EBMUD requires every HOA to file a Statement of Responsibility (SOR) that matches its CC&Rs, whether or not the HOA maintains the laterals. The deadline was November 20, 2019, or within 180 days of formation for HOAs formed after May 24, 2019 (Regional PSL FAQ).
- HOA responsible: the HOA had to test and repair all laterals it maintains by July 12, 2021. HOAs that missed it must certify as soon as possible to avoid enforcement.
- Unit owner responsible (per the CC&Rs): the owner needs a Compliance Certificate before title transfer, for a remodel over $100,000, or for a water meter size change.
- Split: if the HOA is responsible for shared lines and owners for their own laterals, the HOA had the 2021 deadline and owners comply when a trigger applies.
I'm selling my unit. What do I need?
Check your CC&Rs and the SOR your HOA filed with EBMUD. If the SOR shows you have no lateral maintenance responsibility, EBMUD says you may be able to use it during escrow to show the unit can be sold without first getting a Compliance Certificate. If you are responsible, get a Compliance Certificate or use a Time Extension Certificate (FAQ). Condos can't use a title-transfer Exemption Certificate unless the unit owner is responsible for the lateral under the CC&Rs (Exemption Certificate).
I'm buying a condo. What should I ask for?
- Ask the HOA for a copy of the SOR it submitted.
- Email [email protected] with the HOA name, property address and city to confirm EBMUD received the SOR and to request a copy.
- Check the certificate status of the property on EBMUD's site (how to check).
If the HOA never filed an SOR, the HOA is responsible for the common-area lateral and you'd be responsible for the part within your unit's separate interest and exclusive-use common area when a trigger occurs. A Time Extension Certificate with the $4,500 deposit gives a new owner 6 more months to get an SOR or Compliance Certificate. The deposit is refunded if EBMUD receives an SOR showing the owner isn't responsible (FAQ).
What if the HOA changes who maintains the laterals?
The HOA must send EBMUD an updated SOR within 30 days of any action that changes the allocation. If it takes on more lateral, it must pass a verification test and get a Compliance Certificate for the added portion within two years (FAQ). Guidelines for condominiums and other common interest properties are on EBMUD's Guidelines and Resources page.
Berkeley condos
In Berkeley, when a unit in a building served by a single or shared lateral is sold, the HOA or other designated responsible party must determine whether the lateral complies and do any needed repair or replacement (BMC 17.24.080(D)).
Frequently asked questions
Do I need a sewer lateral certificate to sell my condo in Oakland?
Only if you are responsible for the lateral under the CC&Rs. If the HOA is responsible, the HOA had to certify its laterals by July 12, 2021. Check the HOA's Statement of Responsibility.
How do I get the HOA's Statement of Responsibility?
Ask the HOA for a copy, and email [email protected] with the HOA name, property address and city to confirm EBMUD received it.
How the EBMUD program works · City rules · Fees and costs · Contractors on EBMUD's list · All guides
Sources
- Regional PSL Program FAQ (eastbaypsl.com)
- Exemption Certificate (eastbaypsl.com)
- Guidelines and Resources (eastbaypsl.com)
- Berkeley Municipal Code 17.24.080 (berkeley.municipal.codes)