Is a condo HOA responsible for reimbursing an owner for emergency pipe repairs after its insurer denies the claim?

I understand how frustrating this situation must be for you. Can you tell me if you have already communicated with the HOA about their denial of the insurance claim?

Have you reviewed the HOA bylaws regarding maintenance responsibilities for common elements?

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your HOA dispute.

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that our service is for information purposes only and I cannot formally represent customers or perform actual legal services on your behalf. I understand you’re dealing with a situation where the HOA is refusing to pay for a cast iron pipe repair under your condo, despite it being a common element. Could you please share more details about any specific concerns or steps you’ve taken regarding this situation?

Do you have any documentation or evidence from the HOA that confirms their responsibility for the common elements, like the pipe under your condo?

Have you received any written communication from the HOA explaining why they are refusing to reimburse you, despite the bylaws stating their responsibility?

Based on what you’ve described, your position appears to be fairly strong. If the Declaration of Condominium and the HOA bylaws clearly state that the HOA is responsible for common elements and for everything “walls out,” and the pipe serves more than one unit because the neighboring condo ties into it, that is strong evidence that the pipe is a common element for which the HOA, not the individual owner, is responsible. Many states also set this as the default rule by statute: under the model Uniform Common Interest Ownership Act § 3-107, the association is responsible for the maintenance, repair, and replacement of the common elements except to the extent the declaration provides otherwise. You can check whether your state has adopted a uniform condominium or common interest act using the Community Associations Institute state map.

The fact that the HOA’s insurance carrier denied coverage does not automatically shift the financial responsibility to you. Insurance is simply one potential source of payment. If the governing documents place the maintenance and repair obligation on the HOA, then the HOA generally remains responsible whether or not its insurer pays the claim. An insurer’s denial does not change the HOA’s contractual obligations under the declaration.

The HOA may argue that you performed the work without prior approval, but where there was an imminent failure requiring emergency repairs to prevent damage, courts often recognize that an owner may take reasonable emergency measures, particularly where the HOA could not respond in time. The fact that the HOA president was involved, filed the insurance claim herself, and apparently accepted that the repair involved an HOA responsibility is helpful evidence.

At this point, since the HOA has not yet refused reimbursement in writing, I would first make a formal written demand to the board requesting reimbursement by a specific date, attaching:

• The relevant provisions of the Declaration and bylaws.
• The plumber’s invoice and proof of payment.
• Any report or statement showing the pipe was a common element serving multiple units.
• Any correspondence showing the HOA acknowledged the issue and submitted it to its insurer.

If the board ultimately refuses or simply ignores the request, then you may have a claim against the HOA for breach of its obligations under the governing documents. Whether it makes economic sense to pursue that claim depends largely on the amount you spent on the repair. For a relatively modest amount, small claims court may be available in many states. For a larger amount, a lawsuit may be necessary.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Just a friendly reminder, don’t hesitate to reach out whenever you need assistance!

I can’t perform a full legal document review here, but I’m happy to provide general legal guidance and help you navigate your situation.

I cannot review documents of any kind on this website.

No problem.