Who Is Responsible For Pipe Leaks In An HOA?
- Sara Adelzadeh
- Mar 21
- 2 min read
Homeowners’ Associations (HOAs) play a significant role in maintaining common areas and shared infrastructure within planned communities, condominiums, and townhouses. However, when it comes to plumbing issues, the division of responsibilities between the HOA and individual homeowners can often be a point of contention. Understanding the legal and practical aspects of plumbing maintenance in California HOA communities is essential for both residents and HOA boards.
Understanding HOA Responsibilities
HOA’s duties are typically outlined in the Covenants, Conditions, and Restrictions (CC&Rs) and governed by the Davis-Stirling Act. Generally, the HOA is responsible for maintaining and repairing common areas, which may include shared plumbing infrastructure.
Common plumbing components under the HOA’s purview often include:
Main water lines: Pipes that supply water to multiple units or homes.
Sewer and drainage systems: Lines that serve the entire community or multiple residences.
Irrigation systems: Pipes and sprinklers used for maintaining landscaping in common areas.
Shared plumbing fixtures: Systems that supply water to clubhouses, pools, and other communal amenities.
If a plumbing issue arises in these areas, the HOA is generally responsible for arranging and covering the cost of repairs, as it affects multiple homeowners.
Homeowner Responsibilities
Homeowners, on the other hand, are usually responsible for plumbing issues within their unit or property boundaries. This often includes:
Pipes and fixtures inside the unit: Anything within the walls of a condominium or inside the home is the owner’s responsibility.
Exclusive-use common areas: Some elements, like patios or balconies, may be the homeowner’s responsibility even if technically part of the exterior.
Clogs and leaks specific to one unit: If a plumbing issue originates from a unit’s fixtures or appliances (e.g., toilets, sinks, washing machines), the homeowner is typically responsible for repairs and damages.
Gray Areas and Disputes
There are situations where responsibility is less clear, leading to disputes between homeowners and HOAs. For example:
Pipe leaks inside walls: If a leak occurs inside a wall, determining responsibility depends on whether the pipe is considered part of a shared system or exclusive to a single unit.
Slab leaks: If a leak occurs beneath the foundation, responsibility can be ambiguous, and homeowners may need to refer to CC&Rs or legal counsel for clarification.
Insurance coverage: HOAs often carry insurance for common areas, but homeowners should have individual policies that cover interior plumbing issues and potential water damage.
Conclusion
To avoid misunderstandings, homeowners should thoroughly review their HOA’s governing documents and communicate with their HOA board regarding plumbing responsibilities. Proactive maintenance, timely reporting of leaks, and obtaining the right insurance coverage can help both homeowners and HOAs manage plumbing issues effectively. In case of disputes, mediation or legal consultation may be necessary to determine responsibility based on the community’s specific CC&Rs and state laws.
