Is the HOA Responsible for Water Damage?

Water damage in an HOA or condo community is stressful. When ceiling leaks or damp floors appear, homeowners often wonder: who is responsible? Is it the homeowner, or the HOA? The answer depends on a few key things: where the damage occurred, what caused it, and what your governing documents and insurance policies say.

What You Need to Know First

Before things get confusing, it helps to understand how responsibility is typically divided. Three major factors matter:

• Location of the damage – Is it in a common area (shared roof, corridors, foundation, etc.), or inside your unit (floors, fixtures, appliances)?

• Cause of the damage – Was it a structural fault, a neglected maintenance issue, or a failing appliance in your home?

• Your governing documents – The CC&Rs, bylaws, and HOA rules often spell out maintenance responsibility and how insurance applies.

Knowing those helps you determine if the HOA or the homeowner (or both) will foot the bill.

Common Sources of Water Damage

Responsibility often depends on where the water came from. Here are some of the most common scenarios:

• Roof leaks, exterior walls, or shared plumbing lines: These are usually the HOA’s responsibility, since they involve common areas or shared systems. However, while the HOA typically covers repair of the structure, homeowners may still be responsible for repairing or replacing interior finishes and personal property damaged inside their unit.

• Appliances or fixtures inside a unit (dishwashers, washing machines, toilets, etc.): These are generally the: