Kitec Plumbing
Much has been written about KITEC-type plumbing in condominium buildings. For those who are not familiar with KITEC-type plumbing, the basics are as follows:
KITEC (also marketed under other names) is a type of flexible polyethylene piping which was used as a replacement for copper piping
in a number of condominium projects built between 1995 and 2007. The piping was used in both the common elements and individual units. Its flexibility made it easier to work with than traditional copper piping.
Hot water lines employing KITEC piping have been found to fail in certain conditions. Unlike the familiar “pinhole” leaks, failure in KITEC pipes usually results in a burst followed by high-volume flooding.
The "Imminent Danger" Corporation
While unfortunate, the scenario that is easier to deal with is the corporation in which there has been a KITEC failure or where expert plumbing/engineering advice reveals that there are signs that failure is imminent. For those corporations, there is reasonable evidence to suggest that the KITEC in both the common elements and the units should be replaced, preferably by one contractor retained by the corporation, to ensure consistency. The unit repairs would be billed to the unit owners. The existence of KITEC and replacement efforts should be reflected in paragraph 12 of any status certificates until the replacement project is complete.
The "Wait-and-See" Corporation
What about cases where a corporation has learned that itsbuilding contains KITEC plumbing which has no reason to believe it is at imminent risk (beyond general knowledge of KITEC’s flaws)? This is the more difficult situation. The Board is left to balance the competing interest of protecting the Corporation from liability for an incident arising from a KITEC-related leak versus not causing undue alarm (and the related fear of decreased saleability) by disclosing KITEC on a status certificate even though there has never been a leak.
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