Homeowners associations are generally responsible for repairing and maintaining the common elements. However, what if a common element — such as the plumbing system — encompasses the common areas and individual units? Is the association responsible for HOA plumbing?
HOA Plumbing Repair and Maintenance
Does the HOA cover plumbing? The HOA is likely responsible for repairing plumbing systems in the common areas. Moreover, the board should conduct periodic inspections and regular maintenance activities on the plumbing system.
In addition, most HOAs are in charge of maintaining shared pipes, such as sewage lines and main water lines, that connect several properties. The HOA collects dues from every homeowner to cover the cost.
However, maintenance responsibilities can become more complex if special circumstances or conditions exist. For instance, some lines are shared between only a few properties. Depending on the HOA’s governing documents, the cost may need to be distributed between those homes alone. The units that do not share that water line may not need to contribute.
What are Homeowners Responsible For?
Are homeowners ever responsible for HOA plumbing repairs? Generally speaking, homeowners are responsible for water lines and pipes entering their property. This is true even if the breakage causes damage to several other units. However, it’s best to check the governing documents to see if there are special conditions that hold the HOA responsible.
Who is Responsible for Plumbing Leaks?
What happens when the plumbing system causes water damage to the common elements or units? Is the association accountable, or are the homeowners responsible for repairing the damage?
HOA plumbing responsibilities depend on several factors. First, it’s important to check the governing documents for any water intrusion policy. In condominium associations, the governing documents often dictate whether the association is responsible for water damage or not. They may even specify the kinds of situations where the HOA should be held responsible.
For example, many condominium documents specify that the unit owner is responsible for water damage to interior units. Meanwhile, the association will cover damage to the exterior.
It may also depend on who is at fault. If the HOA neglected its duty to maintain the neighborhood’s plumbing and drainage system, it may be responsible for the water damage that results from that negligence. Likewise, homeowners may be responsible for any water damage resulting from their negligence, misuse, or oversight.
In addition, homeowners should understand that modifications and improvements to their homes may change who is responsible for plumbing leaks. If a homeowner alters their unit’s plumbing system during a renovation, the alternation might implicate the homeowner should any problems arise. The association could argue that the homeowner’s alterations caused the damage, even if the HOA is typically responsible for maintaining those lines.
Insurance and Water Damage
The HOA and the homeowners are responsible for purchasing insurance to protect their properties. However, while homeowners are responsible for property damages, insurance providers may offer differing policies. Homeowners must understand the scope of their coverage and whether it includes damage from plumbing-related problems.
Insurance providers may also examine the issue’s circumstances to determine whether the policy covers it. Often, they look at what caused the water damage in the first place. Some policies may also offer limited coverage for specific scenarios. It’s essential to consult your insurance agent and clarify the coverage before purchasing a policy.
How to Ask the HOA for Help
Plumbing leaks are not only inconvenient, but they can also damage other parts of the property and even lead to mold. This health hazard might prompt homeowners to fix the issue even if the HOA might be responsible. What steps can homeowners take to help their case and take care of HOA plumbing? Here are some things you can do.
1. Review the Governing Documents
To determine responsibility, check the governing documents, specifically the Declaration of Covenants, Conditions, & Restrictions (CC&Rs). The bylaws and HOA rules may also indicate who’s responsible for what and under what circumstances. Homeowners may raise this with the board or HOA manager if the HOA is responsible.
2. Document the Problem
Homeowners and HOAs should document the problem in detail. Describe the situation, take photos and videos, and document all the attempts to resolve the issue. It may also be helpful to ask a professional to help you pinpoint the cause of the problem. This may determine the cause and who is responsible for the issue.
3. Submit a Formal Request
Homeowners should submit a formal request to the association explaining the issue. They can include why they think the HOA is responsible by quoting the governing documents. Make sure to submit the request in writing so there’s a paper trail of all your attempts to reach out to the board.
4. Try Arbitration or Mediation
Third-party dispute resolution is a good option if the HOA still refuses to resolve the issue. Some states and organizations offer arbitration and mediation services that help homeowners and HOAs resolve conflicts. The HOA governing documents may also outline what steps you need to take for arbitration and mediation.
5. Talk to a Lawyer
Homeowners may consult an attorney to communicate with the HOA on the unit owner’s behalf. They can also provide legal advice regarding the issue.
6. Take Legal Action
Homeowners may file a lawsuit against the HOA if the association still refuses or neglects to fulfill their HOA plumbing duties. The lawsuit could compel the association to meet its obligations. However, filing a lawsuit takes time, effort, and money. Make sure to use it only as a last resort.
Understanding Maintenance Responsibilities
HOA plumbing issues can be tricky to navigate as most pipelines run through the entire community. It’s even harder when some pipes only serve a few residences and not others. Both homeowners and board members must review the governing documents to understand their scope of responsibility.
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