Who Is Responsible For Pipes In Condo Walls?

As a Fort Myers, FL HOA lawyer with a 10.0 rating from Justia who represents homeowners against associations in Florida, we’ve seen numerous disputes regarding responsibility for pipes within condominium walls. This issue is crucial for both condo owners and associations to understand.

The Legal Framework In Florida

In Florida, the determination of responsibility for pipes within condominium walls is primarily governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes) and the specific declaration of condominium for your building.

The general rule under Florida law is that pipes serving only one unit are typically the unit owner’s responsibility, while pipes serving multiple units or considered “common elements” are usually the association’s responsibility. However, this general principle can be modified by your specific condominium declaration which is why it is important to understand your rights when it comes to your HOA.

Understanding Your Condominium Declaration

Your condominium declaration is the critical document that defines which components are “common elements” (maintained by the association) versus which are part of the “unit” (maintained by the individual owner). This declaration contains specific language about the maintenance responsibilities for various building components, including plumbing.

Most declarations define the unit’s boundaries as the interior unfinished surfaces of the perimeter walls, floors, and ceilings. Anything within these boundaries is typically the unit owner’s responsibility, while anything outside these boundaries (including items embedded in walls between units) is typically a common element and the association’s responsibility.

Common Scenarios And Responsibilities

Here are typical scenarios regarding pipe responsibility:

1. Main water or sewer lines that serve multiple units are generally considered common elements and are the association’s responsibility to maintain, repair, and replace.
2. Branch lines that exclusively serve one unit may be the unit owner’s responsibility, even if they run through common walls or ceilings.
3. Pipes within the boundaries of a unit that exclusively serve that unit are typically the unit owner’s responsibility.

Who Is Responsible For Repairing The Damages?

When determining who is responsible for repairing pipe damage in a Florida condominium, it depends primarily on:

1. Which pipe leaked (common element vs. unit-specific)
2. Whose responsibility it is to maintain that pipe under your Declaration of Condominium

The general principles are:

• Pipes serving multiple units are typically common elements and the association’s responsibility, however your Declaration may provide differently.
• Pipes exclusively serving one unit are usually that unit owner’s responsibility, however your Declaration may provide differently.
• Your specific Declaration of Condominium is the controlling document that defines these responsibilities

Who Bears The Cost Of Repairs?

The party responsible for maintaining the pipe that leaked is typically responsible for the cost of repairs. However, this can become complicated when:

• The damage extends beyond the pipe itself
• The damage affects both common elements and unit interiors
• There’s negligence involved from one of the parties

Your Declaration may contain provisions allowing the association to assess repair costs to a negligent unit owner who causes damage, even if the association is responsible for making the repairs. Our law firm offers consultations for these specific scenarios. If you want the assistance of a lawyer in determining who’s responsible for a specific pipe issue in your condominium, please call our firm to set up a consultation.

Recent Legal Development: Mcllenan V. Cypress Chase

The 2024 decision in McLlenan v. Cypress Chase N. Condo. No. 4 Ass’n, Inc. has significantly clarified condominium association responsibilities in Florida. This landmark case addressed what happens when water damage from one unit affects another unit.

In this case, Randy McLlenan discovered water leaks and mold in his unit in August 2021. Later, sewage water began pouring through bathroom ceiling light fixtures due to a blockage in the upstairs unit’s bathtub. Despite this, the association refused to remediate most of the damage, claiming that since the leak originated from another unit’s plumbing, they had no obligation to repair the damages.

The Fourth District Court of Appeal reversed the trial court’s decision and established several crucial principles:

1. Associations have an “unequivocal responsibility” to maintain common elements under Florida Statute § 718.113(1)
2. The space between ceilings and floors constitutes a common element, as does the space between interior walls of adjoining units
3. Associations have a “non-delegable duty” to repair common elements, regardless of what caused the damage

The court explicitly stated: “The association had a non-delegable duty to repair the common elements, regardless of the cause of the damage to the common elements.” It emphasized that “the cause of the leak was irrelevant to the association’s duty to repair.”

This decision transforms how associations must handle water damage situations:

• Associations must repair damaged common elements regardless of the cause
• The source of damage is irrelevant to the duty to repair
• While associations may assess repair costs to the responsible unit owner when appropriate, they cannot use this as justification to avoid making necessary repairs

This case demonstrates why it is so important to work with lawyers as we stay up-to-date on new laws and how they impact you.

What To Do If You’re Facing A Pipe Issue

If you’re experiencing a plumbing issue in your Florida condominium:

1. Review your condominium declaration carefully to determine the designated responsibilities.
2. Check if your association has adopted any rules or amendments regarding maintenance responsibilities.
3. Document the issue thoroughly with photographs, repair estimates, and correspondence.
4. If there’s any ambiguity or dispute, consider consulting with an attorney who specializes in condominium law in Florida.
5. Be aware that even if the pipes are technically the association’s responsibility, you may still have obligations to provide access and cooperate with repairs.

Insurance Considerations

HOAs typically carry general liability insurance policies to cover them in case of negligence, such as when they fail to properly maintain and replace pipes, causing damage to units. Even though a homeowner may have an insurance policy, they may be able to seek recovery against the at-fault party and may be able to forego an insurance claim against their own policy. This can be particularly important for homeowners concerned about premium increases following claims.

When determining which insurance applies, consider whether the association or a unit owner was responsible for the pipe that caused the damage. In cases where the association failed to maintain common element plumbing, affected unit owners may have claims against the association’s liability policy rather than their own HO-6 coverage.

Understanding who is responsible for pipes in condominium walls requires careful examination of your specific condominium declaration and Florida law. While general principles exist, the definitive answer lies in your building’s governing documents. When disputes arise, professional legal guidance is often necessary to navigate these complex issues and protect your interests as a homeowner.

Our law firm, Perez Mayoral, P.A., offers consultations for these specific scenarios with lawyers who have been rated Superb by Avvo. Every condominium’s declaration is unique, and the specific circumstances of pipe damage can significantly impact who bears responsibility.

If you want the assistance of a lawyer in determining who’s responsible for a specific pipe issue in your condominium, please call our firm to set up a consultation. We can review your declaration, assess the specific circumstances, and provide tailored legal guidance to protect your interests.