What should our HOA board do when water leaks from a common element into a unit?

By OurHOA · General information · Revised September 26, 2026

A board's plan for a common element leak into a condo unit: shutoff and access, evidence, who repairs what, the master policy deductible, and owner notice.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Stop the water first and argue about the bill later. Get a plumber and a water mitigation company on site, get into the affected units under the access rights your statute and declaration give you, and photograph everything before drywall comes out. Then answer three questions in order: what failed, whose job it is to fix that part, and who pays for the damage it caused. Those answers often land on different parties. A burst riser can be the association's repair while the ruined kitchen cabinets sit with the owner's own policy. This guide covers condominiums and attached buildings under Texas Property Code chapter 82, Florida chapter 718 and the Colorado Common Interest Ownership Act. Your declaration can change most of the defaults below, so read it alongside this guide, and treat what follows as general education rather than legal advice.

The first hour: water off, units open

Keep a written emergency list in the board binder and in every director's phone: the building shutoff locations, a plumber who answers at night, a mitigation company, the insurance agent and the claim line. When a call comes in, one director takes the lead and makes the calls. Shut off the smallest section of the system that stops the leak, then check every unit below and beside the source, because water travels along pipes and slab before it shows. You will often need to enter a unit whose owner is at work or out of state. Texas section 82.107(a) requires each owner to give the association access through the unit when reasonably necessary for repairs, and 82.107(d) lets the association enter after notice to the owner and occupant to stop waste of association-paid water or to prevent more water damage to parts it maintains. Florida section 718.111(5)(a) gives the association an irrevocable right of access during reasonable hours when necessary to repair common elements or to prevent damage to the common elements or a unit. Colorado section 38-33.3-307(1) also requires owners to give access. Call and text the owner before you go in, bring a second person, and write down who entered, when, and what was touched.

Save the evidence before demolition

The fight over who pays is decided by what you can prove about the cause, and most of that proof leaves in a dumpster on day one. Photograph the source and each wet room, wide shots first and then close-ups. Ask the plumber to put in writing what failed, where it sits, and whether it serves one unit or several. Keep the failed part itself: the split fitting, the corroded section of pipe, the cracked supply line. Bag it, label it with the date and unit, and store it until the claim closes. Ask the mitigation company for its moisture readings and drying logs. Speed matters here too. EPA's guidance is that wet materials dried within 24 to 48 hours usually will not grow mold, so approve drying equipment right away rather than waiting for the next board meeting.

Who fixes the pipe and who fixes the unit

Start with the failed part. In Texas, section 82.107(a) makes the association responsible for common elements and each owner responsible for the unit, unless the declaration says otherwise. Section 82.107(b) then puts the cost of any utility installation serving only one unit on that unit's owner, even where the pipe runs partly outside the unit's boundaries. So a supply line that feeds one kitchen is usually the owner's, while a shared riser or drain stack is the association's. Florida section 718.113(1) makes the association responsible for maintaining the common elements, except limited common elements the declaration assigns to owners. Colorado section 38-33.3-307(1) follows the same pattern as Texas. The resulting damage is a separate question. Florida section 718.111(11)(f)3 keeps the master policy off floor, wall and ceiling coverings, fixtures, appliances, water heaters, built-in cabinets and countertops that serve only one unit, and says those items and their insurance belong to the owner. Colorado section 38-33.3-313(2) keeps the finished interior surfaces of walls, floors and ceilings off the master policy. Texas section 82.111(b) says the master policy must include the units in a building with horizontal boundaries, to the extent reasonably available, but need not include improvements and betterments owners installed. Map your building's pipes against the declaration once, in a calm month, and keep that chart with the emergency list.

The master policy and the deductible

Call the agent the same day. Texas section 82.111(e) and Colorado section 38-33.3-313(5) both say a loss under the master property policy is adjusted with the association, not with individual owners. The deductible is where boards get into trouble. Texas section 82.111(j) says that when the repair costs less than the deductible, the party who would be responsible without insurance pays. Above the deductible, section 82.111(k) lets the dedicatory instruments decide who pays it; if they are silent, the board may decide by a resolution that must be recorded wherever the declaration is recorded, and without one the deductible is a common expense. Section 82.111(l) lets the association charge the deductible to an owner whose act or omission caused the damage. In Florida, section 718.111(11)(j) makes damage to association-insured property from an insurable event a common expense, deductible included, unless an owner, occupant, tenant or guest caused it through intentional conduct, negligence or a rule violation. It also relieves the association if an owner knew about damage and did not report it until after the association's claim was settled or denied as late. Colorado section 38-33.3-313(6) lets the association adopt written, nondiscriminatory policies on claims and deductibles, charge a negligent owner the deductible, and split it pro rata among damaged units. Our guide on what an HOA deductible assessment is explains how those charges look from the owner's side.

Repairs in the right order

Fix the source before anyone rebuilds a room, or you will pay for the same drywall twice. Then sort the work into three piles: the common element repair the association contracts for, damage the master policy covers, and finishes the owner and their HO-6 carrier handle. In Florida, section 718.111(11)(g)1 says the association does reconstruction after a property loss, but an owner may do work on the unit with the board's prior written consent, and the board may condition that consent on the repair method, the contractor's qualifications and the contract. Put that consent in a one-page letter. If mold shows up, EPA says an area larger than about 10 square feet calls for its commercial remediation guidance rather than a household cleanup, and our guide on who pays for mold remediation in an HOA covers the cost side. When the work is done, get a final invoice from each vendor and file it with the photos and the failed part.

What to tell the owners involved

Write to every affected owner within two days, even if you do not yet know the cause. Wording you can adapt: 'On [date] water from [the shared drain line above unit 204] entered units 204 and 104. The association shut off the line, had a plumber repair it on [date], and hired [company] to dry both units. We have reported the loss to the association's insurer. Please notify your own insurance company now, since your HO-6 policy may cover items the master policy does not. The board will decide how the deductible is handled under the declaration and write to you by [date]. Contact [director] with questions or to arrange access.' Florida owners should also know that section 627.714 requires a unit owner's policy to carry at least $2,000 of loss assessment coverage, which can help with an assessed share of the deductible. Keep the letter factual. Do not assign blame in writing until the plumber's report is in.

A sample timeline and a water-loss policy motion

Hour 0 to 2: water off, plumber and mitigation company called, units entered and photographed. Day 1: failed part bagged, agent notified, drying equipment running. Day 2: letter to affected owners. Days 3 to 5: dry-out confirmed by moisture readings, source repaired. Weeks 1 to 3: adjuster visit, repair scope split between association and owners, contractor bids. Weeks 3 to 8: rebuild, then the board's deductible decision and any assessment letter. Boards that handle this well adopt a policy before the next leak. A motion to adapt: 'The board adopts the attached water loss policy, which lists the emergency contacts, the steps for entering units, the evidence to keep, and how the master policy deductible is charged under the declaration and state law. The president may approve emergency plumbing and drying work up to $[amount] per event before a board vote.' In Texas, a deductible resolution under section 82.111(k) must be recorded to count, so have the association's attorney review it and record it with the county clerk.

Mistakes that cost boards the most

Waiting for a quorum before approving drying. Letting the mitigation crew haul away the failed fitting. Telling an owner on day one that the association will cover everything, or that it will cover nothing. Charging the whole deductible to the unit where the water showed up when the source was a shared line. Filing nothing with the carrier because the damage looked small, then finding wet insulation in three more units a month later. Skipping the declaration and applying what the last building did. And forgetting to fix the cause: if the same riser leaked twice, ask a plumber whether the reserve study should fund replacing it.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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