In Florida I own a condo and there was a water leak into the unit downstairs. Over the course of time, I took care of a mold and mildew with a mold remidiator service per the condo management, not in a timely manor but did also fix their ceiling down stairs as well as insolation. The association has stated that being that I caused the leak I was responsible for all fees and repairs. How is that determined that I am responsible? The leak was inside the wall, when I was notified of this, we shut off our water had to tear out the shower wall and cap the pipes. This then stopped the leak. Waited to dry and procedure. The unit down stairs is fixed and they are satisfied. But the association states I did not follow their procedure and have them inspect, and are having and inspector/ or engineer come check out and probably take what I have down out. And that I am still responsible. If the pipes inside the wall leaked how am I responsible? Who decides this? Is this not common elements?

... but the association states i did not follow their procedure and have them inspect, ...

Prior to the leak, did the HOA give you notice of the proper procedures to be followed?

no. this came after. They came in today with serv-pro and checked for mold. And I still asked how did they figure It was at my cost. Now they are saying that they have to have a industrial hygienist, to do test, send to a lb and see if a mold mildew issue is toxic. They where checking behind my vanity. This leak was from the shower down the wall.

I'll try to explain a little bit about condos and common elements. This applies to NJ but it may also apply to your area as well.

When you own a condo you own everything that is inside the four walls. Everything outside the four walls is considered to be common elements. Things that service the entire community, like sidewalks, light posts, grass areas, parking lots, etc. are called "general common elements". Things that service only one particular unit, like individual decks, or the plumbing and electrical wiring behind the walls are called "limited common elements". When something in the general common elements requires repair then the entire community is generally responsible for paying for it. When something in the limited common elements requires repair then the unit owner who is serviced by those limited common elements is generally responsible for paying for it.

If your condo's documents are written the same way then this is probably why the association is saying that you are responsible for the costs here. If you have condo owner's insurance then it will probably cover it.

So if the documents where written as you stated "limited common elements" and it's the pipe behind my wall in my shower some how leaked and cause ceiling issues down stairs. Its my responsibility to take care of it?

Yes. If that pipe provides water service only to your unit and no one else, and if your condo's documents are written the same way, then you are responsible for the cost of repair. It's also possible that your condo's documents say that the condo association has it repaired and you are responsible for the cost. You have to read the documents and see exactly what they say.

Also, you should contact your homeowner's insurance company. If you have insurance then there is a very good chance that you are covered for this.

Thank you so much for the help, and sending me in the correct direction.

My pleasure! Good luck!

Granted, OP is responsible for repairing, but the association is saying the repair has to be done twice, as I read it:


... but the association states i did not follow their procedure and have them inspect, and are having and inspector/ or engineer come check out and probably take what i have down out. and that I am still responsible. ...

The association should not be entitled to enforce these procedures and inspection requirements unless it has properly adopted them and communicated them to the homeowner. And as OP previously said in answer to my question, they did not.

It's possible (in fact, likely) that the governing documents say that any repairs or replacements to limited common elements must be done to the association's specifications, at the owner's cost. That would have been sufficient notice.

Thank you so much for all your input. It has come to my attention that the Condo board is meeting Mon 6/14 and I plan to attend,as well as with support of a few neighbors in my building. They have on the memo agenda old business "water leak in 101 and 201" (I am 201) as well as 103 and 203. So now brought to my attention 2 doors down yet another leak. Interesting to find out what their explanation is on this. My luck they will blame me for that too.

Hmm... if it's happening in other units, and if the building is relatively new, then this may be a builder's defect. If that's the case you can push the association to go after the builder to get reimbursement for repairs.