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Who Is Responsible for a Pipe Leak in a Florida Condominium?

POSTED ON April 1, 2026

Short Answer

In Florida, responsibility for a pipe leak in a condominium depends on whether the pipe is a common element or part of an individual unit. Pipes that serve multiple units or run through shared spaces such as walls, ceilings, and floors between units are generally common elements, and the condominium association is responsible for maintaining and repairing them under Section 718.113(1), Florida Statutes. Pipes that exclusively serve a single unit and are located within that unit’s boundaries are typically the unit owner’s responsibility. The specific allocation is determined by the condominium’s declaration of condominium. A Boca Raton, FL condo lawyer can help interpret these governing documents and resolve disputes regarding responsibility and liability.

How Florida Law Handles This Issue

The Florida Condominium Act, Chapter 718 of the Florida Statutes, establishes the framework for dividing maintenance responsibilities between the association and individual unit owners.

Section 718.113(1) states plainly: “Maintenance of the common elements is the responsibility of the association.” This is not a suggestion. It is a statutory duty that associations cannot waive or ignore.

Common elements are defined in Section 718.103(9) as “the portions of the condominium property not included in the units.” In most declarations, this includes the structural components of the building, the spaces between unit ceilings and floors, the areas within walls separating units, roofs, exterior walls, and infrastructure that serves multiple units, including shared plumbing lines.

The declaration of condominium is the controlling document. It defines the exact boundaries of each unit and specifies which components are common elements, limited common elements, or part of the individual unit. Most declarations define the unit’s boundaries as the interior unfinished surfaces of the perimeter walls, floors, and ceilings. Anything beyond those surfaces, including pipes embedded in walls or running between floors, is typically a common element.

Florida’s Fourth District Court of Appeal reinforced this principle in McLlenan v. Cypress Chase North Condominium No. 4 Association, holding that associations have a “non-delegable duty” to repair common elements regardless of what caused the damage. The court stated that “the cause of the leak was irrelevant to the association’s duty to repair.” This means an association cannot refuse to fix a damaged common-element pipe simply because the leak originated from another unit owner’s negligence.

Key Legal Rules

Maintenance of the common elements is the responsibility of the condominium association under Section 718.113(1), Florida Statutes.
Common elements include all portions of the condominium property not included within the boundaries of individual units.
Pipes serving multiple units or running through shared walls, floors, or ceilings are typically classified as common elements.
Pipes exclusively serving one unit and located within that unit’s boundaries are generally the unit owner’s responsibility.
The declaration of condominium is the controlling document that defines which components are common elements and which are part of the unit.
Florida courts have held that associations have a non-delegable duty to repair common elements regardless of what caused the damage.
An association may assess the cost of common-element repairs to a negligent unit owner, but it cannot refuse to make the repair itself.
Section 718.303(1) allows unit owners to take legal action against an association that fails to fulfill its maintenance duties under the Condominium Act or the governing documents.
Rule: The association has both a statutory duty under Section 718.113(1) and a contractual duty under the declaration to maintain, repair, and replace common elements. Exception: Limited common elements may be assigned to unit owners by the declaration. Application: When the association breaches this duty and damage results inside a unit, the owner may bring breach of contract and/or negligence claims for all proximately caused damages.
Insurance allocation does not eliminate the association’s liability for maintenance failures. The unit owner’s right to pursue the association directly for consequential damages exists independently of any insurance coverage. See Section 718.113(1), Fla. Stat.

How This Issue Typically Comes Up

Water intrusion from a shared plumbing stack

A pipe inside the wall between two units begins leaking. Water damages the drywall, flooring, and personal property in the downstairs unit. The association tells the affected owner it is a “unit-to-unit” matter and refuses to investigate. In most cases, the pipe inside the shared wall is a common element, and the association is responsible for the repair.

Aging cast-iron drain lines beneath the slab

Older Florida condominiums frequently have cast-iron waste pipes beneath the concrete slab that serve multiple units. When these pipes corrode and fail, sewage can back up into ground-floor units. Because these pipes serve the building, they are typically common elements, and the association bears responsibility for replacement and remediation.

A supply line inside a unit fails and damages common elements

A unit owner’s hot water heater supply line bursts, sending water through the floor and into the unit below, damaging the ceiling, drywall, and structural components between the floors. The association is still required to repair the damaged common elements. However, it may assess the negligent unit owner for the cost of those common-element repairs if the declaration allows it.

Common Mistakes Associations Make

Telling owners it is a “unit-to-unit” problem. Associations frequently refuse to investigate or repair pipe leaks by claiming the issue is between two unit owners. If the leaking pipe is a common element, the association has a statutory duty to repair it regardless of the cause.
Refusing to repair common elements because of the source of damage. Under McLlenan v. Cypress Chase, the association’s duty to repair common elements exists regardless of what caused the damage. An association cannot condition its repair obligation on who or what caused the leak.
Failing to investigate the source of a leak. Some associations ignore owner complaints or delay inspections for weeks or months. During that time, damage spreads, mold develops, and repair costs increase. The association may be liable for the additional damage caused by its delay.
Shifting all repair costs to unit owners without legal basis. While an association may assess repair costs to a negligent unit owner under certain declaration provisions, it cannot refuse to make the repairs in the first place.

What Homeowners Should Do

Document the damage immediately. Take photographs and video of all affected areas, including walls, ceilings, floors, and personal property. Note the date and time the damage was first observed.
Report the issue to the association in writing. Send a written notice to the board and management company describing the leak, the damage, and requesting immediate investigation and repair. Keep a copy of everything you send.
Review your declaration of condominium. Check how your declaration defines unit boundaries and common elements. This document determines who is responsible for maintaining the pipe that leaked.
Request an inspection. Ask the association to hire a licensed plumber to identify the source and location of the leak. If the association refuses, consider hiring your own inspector and documenting the findings.
Request association records. Under Section 718.111(12), Florida Statutes, unit owners have the right to inspect and copy official records of the association, including maintenance records, insurance policies, and correspondence related to the leak.
File an insurance claim. Notify your HO-6 insurer of the damage to your personal property and unit interior. If the leak originated from a common element, the association’s master policy may also apply. Note that your right to pursue the association directly for damages exists independently of any insurance coverage — whether coverage is disputed, denied, or inadequate does not affect your legal claims against the association for its maintenance failure.
Understand your independent legal rights. The question of how costs are allocated between the association’s master insurance policy and your HO-6 policy is separate from whether the association is liable for failing to maintain common elements. You may pursue the association directly for all damages proximately caused by the maintenance failure, including consequential damages such as interior finishes, contents, and loss of use.
Consult with a condominium attorney. If the association refuses to act, delays repairs, or denies responsibility, speak with an attorney who represents homeowners in condominium disputes.

Your Right to Sue the Association for Maintenance Failures

When a condominium association fails to maintain, repair, or replace a common element as required by Section 718.113(1), Florida Statutes, and the declaration of condominium, and that failure causes damage inside a unit, the affected unit owner generally has two independent legal claims:

Breach of Contract

The declaration of condominium is a binding contract between the association and every unit owner. When the association fails to fulfill its maintenance obligations under the declaration and the statute, that failure is a breach of contract. The unit owner may recover damages for all losses proximately caused by the breach, including damage to interior finishes, personal property, contents, and loss of use of the unit.

Negligence

The association owes a duty of reasonable care in maintaining the common elements. When the association knew or should have known of a condition requiring repair and failed to act with reasonable diligence, the failure constitutes negligence. The unit owner may recover all damages proximately caused by the association’s negligent conduct.

These claims exist independently of insurance

The question of how costs are allocated between the association’s master insurance policy and the unit owner’s HO-6 policy is separate from the question of whether the association is liable for failing to maintain common elements. A unit owner may pursue the association directly for all damages proximately caused by the maintenance failure, including consequential damages such as interior finishes, contents, and loss of use, even if insurance coverage is disputed, denied, or inadequate.

If the association’s failure to maintain a common element causes damage inside your unit, you may have a claim against the association for breach of the declaration and negligence, in addition to any insurance benefits, and our firm handles these cases for Florida condominium owners.

When Legal Action May Be Necessary

Legal action may be appropriate when an association refuses to investigate or repair a common-element pipe leak after receiving written notice. The association’s duty to maintain and the owner’s right to sue come first; insurance is about payment allocation, not a replacement for accountability. If the association denies responsibility without a valid basis in the declaration or the statute, the owner may have a claim for breach of the declaration and violation of Section 718.113(1).

Owners should also consider legal action when ongoing water intrusion is causing continued damage to their unit, when mold is developing due to the association’s failure to remediate, or when the owner is suffering financial losses such as lost rental income or out-of-pocket repair costs.

Section 718.303(1) permits a unit owner to bring an action for damages or injunctive relief against the association for failure to comply with the Condominium Act or the governing documents. A prevailing party in such an action may be entitled to recover reasonable attorney’s fees and costs.

Frequently Asked Questions

Is the condo association responsible for pipes inside my walls?

It depends on whether the pipe serves only your unit or multiple units. Pipes embedded in shared walls, floors, or ceilings that serve more than one unit are typically common elements, and the association is responsible for maintaining them. Pipes that exclusively serve your unit and are located within your unit boundaries are generally your responsibility. The declaration of condominium is the controlling document.

Can the association refuse to fix a pipe leak because it was caused by another unit owner?

No. Under Florida case law, including McLlenan v. Cypress Chase, associations have a non-delegable duty to repair damaged common elements regardless of the cause. The association may later assess the responsible unit owner for the cost, but it cannot refuse to make the repair.

Who pays for the damage to my unit caused by a common-element pipe leak?

The association is responsible for repairing the common elements, including the pipe itself and structural components. Your HO-6 insurance policy may cover damage to your personal property and interior finishes. However, insurance is not your only remedy. If the association failed to maintain the common-element pipe and that failure caused your damage, you have independent legal claims against the association for breach of contract and negligence. You may pursue the association directly for all proximately caused damages — including interior finishes, contents, and loss of use — regardless of how insurance proceeds are allocated.

Does Florida law require condo associations to maintain plumbing?

Yes. Section 718.113(1), Florida Statutes, requires associations to maintain the common elements. Shared plumbing infrastructure that serves multiple units is typically classified as a common element. The association must inspect, maintain, repair, and replace these components as needed.

What should I do if my condo association ignores my pipe leak complaint?

Document all damage, send written notice to the board and management company, and keep copies of all communications. Review your declaration to confirm the pipe is a common element. If the association still refuses to act, consult with a condominium attorney. You may have a claim under Section 718.303(1) for the association’s failure to comply with its statutory and contractual maintenance duties.

Conclusion

Florida law places the responsibility for maintaining common-element pipes squarely on the condominium association. If a pipe embedded in a shared wall, floor, or ceiling leaks and damages your unit, the association has a statutory duty to repair the common elements and cannot refuse simply because the damage was caused by another unit or an unforeseen event. The declaration of condominium defines the specific boundaries and responsibilities. When the association fails to act, Florida law provides homeowners with remedies to compel action and recover damages.

How We Can Help

If your condominium association is refusing to repair a pipe leak or denying responsibility for common-element maintenance, the attorneys at our firm can help. We represent homeowners only. We never represent associations. Our offices are located in Coral Gables, Tampa, and Orlando, and we handle condominium disputes throughout the state of Florida.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

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