Need help now? 24/7 line: (520) 380-1551

Home › Blog › Water damage in an HOA home: who is responsible?

Water damage in an HOA home: who is responsible?

It depends on where the water started and what your CC&Rs say the association maintains. In most single-family HOA neighborhoods, you are responsible for your whole house and the HOA only for common areas. In condos and many townhomes, the association's master policy and your own HO-6 policy split the building between them.

Who is responsible for water damage in an HOA?

The answer comes from two documents: your CC&Rs, which say who maintains each part of the property, and the association's insurance, which says who insures it. Whoever is responsible for the part that failed usually handles that repair, and each owner's policy usually covers what that owner is responsible for.

Before anything else, figure out which kind of HOA you live in. That one question changes almost everything below.

  • Single-family planned community. This is most HOA neighborhoods around Casa Grande, Maricopa and San Tan Valley. You own your house and lot. The association owns and maintains common areas like parks, pools, entry walls and retention basins. Your house is covered by your own homeowners policy, usually an HO-3.
  • Condominium. You own the inside of your unit. The association owns the building shell, roof and shared spaces as common elements, and carries a master policy on them. You carry an HO-6 policy for your unit.
  • Townhome. These can be set up either way. Some townhome owners own the lot and the whole structure, like a single-family home with a shared wall. Others are legally condos. Your deed and declaration tell you which.

In Arizona, single-family HOAs generally fall under the Planned Communities Act and condos under the Condominium Act. Both largely defer to the community's own declaration, which is why reading your CC&Rs matters more than any general rule.

Attached townhomes with shared walls and HOA-maintained landscaping

What should you look for in your CC&Rs?

Look for the maintenance and repair section, the insurance section, and any definitions of what counts as part of a unit or lot. Those three parts decide who fixes what and whose insurance pays.

  1. Maintenance responsibility. Find the list of what the association maintains. Roofs, exterior walls, perimeter walls, landscaping, irrigation and shared plumbing lines are the items that matter for water damage.
  2. Boundaries. Condo declarations usually say where the unit ends, often at the unfinished drywall or the studs. Anything inside that line is usually the owner's.
  3. Pipes serving one unit. Many declarations say a pipe, fixture or water heater that serves only your unit is yours, even if it runs through a common wall.
  4. Insurance. This section says what the master policy must cover and whether owners must carry their own policy.
  5. Deductible allocation. Some declarations let the association pass the master policy deductible to the owner whose unit caused or suffered the loss.
  6. Notice rules. Some require you to report water damage to the association or management company within a set time.

Many management companies also publish a maintenance responsibility chart. If yours has one, it is the fastest way to answer the question. If the chart and the CC&Rs disagree, the recorded CC&Rs usually control.

How do the master policy and your HO-6 work together?

In a condo, the master policy covers the parts the association owns, and your HO-6 covers the parts you own, your belongings, and often the master policy deductible if it is passed to you. Where the line falls depends on the type of master policy.

Master policy typeWhat the association's policy usually coversWhat your HO-6 usually needs to cover
Bare wallsStructure and common elements, not the unit's interior finishesDrywall, flooring, cabinets, fixtures, upgrades, belongings
Single entityStructure plus original interior finishes as builtUpgrades you or a past owner added, belongings
All-inStructure, interior finishes and many upgradesBelongings, liability, and the deductible if assessed to you

Two parts of an HO-6 come up often after water damage:

  • Dwelling or improvements coverage pays for the interior parts of the unit you are responsible for, such as tile you added or replaced cabinets.
  • Loss assessment coverage can help pay your share when the association charges owners for a loss, including a deductible passed to you. Check the limit. It is often lower than a master deductible.

In a single-family HOA, there is usually no master policy on your house at all. The association's policy covers common areas and its own liability. Your HO-3 has to cover the full house, and the usual sudden-versus-gradual rules apply. Our guide to whether homeowners insurance covers water damage in Arizona covers those rules.

Who pays when water comes from a neighbor's unit?

Usually each owner starts with their own policy for damage inside their own unit, and the insurers sort out fault afterward. If the neighbor was careless, their insurer may end up paying, but you generally should not wait for that before drying starts.

Shared walls and stacked units are where this happens. A washer hose lets go in the townhome next door. A toilet overflows in the condo above and comes through your ceiling. A water heater in the neighbor's closet fails against your common wall.

  1. Stop the water. Knock or call. If the neighbor is away, call the management company's emergency line. In some buildings the association can shut off water to a unit or a stack.
  2. Document both sides. Photograph the source if you can see it, the path the water took, and the damage in your unit.
  3. Notify in writing. Tell the neighbor and the association what happened and when, by email or letter.
  4. File with your insurer. Report the damage to your own policy. Your insurer may pursue the neighbor's insurer later, which is called subrogation.
  5. Get drying started. Every policy expects you to limit further damage. Water left in a shared wall for a week becomes a mold problem for both units.

If water is coming through a shared wall or ceiling, both units usually need moisture readings. The wall cavity between you is wet on both sides even if only one side shows a stain.

Ceiling stain in a condo from a leak in the unit above

Who handles water from the roof or common areas?

If the association maintains the roof or the area the water came from, report it to the association right away. In many townhome and condo communities the HOA is responsible for roofs, and in single-family HOAs it is usually responsible for common landscaping, irrigation and drainage it controls.

Common examples in Pinal County HOA neighborhoods:

  • Roof leaks in townhomes and condos. A monsoon cell finds a cracked tile or a clogged flat-roof scupper. If the CC&Rs put roofs on the association, the roof repair is theirs. Interior damage may still fall to your policy, depending on the master policy type. See roof leak water damage for what the interior side involves.
  • HOA irrigation. A broken common-area sprinkler line can run all night against a lot wall or a foundation. That is usually the association's repair, and possibly its responsibility for resulting damage.
  • Drainage and retention basins. Many subdivisions route storm water to HOA basins. If a basin or channel the association maintains is clogged and water backs up onto lots, report it in writing. Water rising off the ground into a home is still flood for insurance purposes.
  • Shared plumbing. In condos, a main line or stack serving several units is often a common element. A line serving only your unit is often yours.

The city pages for Maricopa and San Tan Valley both suggest telling the HOA the same day. The reason is practical: the association cannot fix a roof or an irrigation valve it does not know about, and a dated report protects you if responsibility is argued later.

Common-area irrigation leak soaking an HOA perimeter wall

Which water damage scenarios usually fall on whom?

Here is how common situations tend to split. Your CC&Rs and policies can change any line of this table.

ScenarioSingle-family HOACondo or condo-style townhome
Your water heater or supply line failsYou, through your HO-3You for the failed item, damage split by master policy type
Slab leak under your floorYou, through your HO-3Often you if the line serves only your unit
Neighbor's appliance floods your unitNot common, no shared wallsStart with your HO-6, insurers sort fault
Roof leak in a monsoonYou, unless CC&Rs say otherwiseHOA for the roof, interior depends on policy
Common-area irrigation breakHOA for the line, damage depends on faultHOA for the line, damage depends on fault
Storm water rising into the homeFlood, needs a flood policyFlood, needs a flood policy

What should you do in the first day?

Stop the water, document it, report it to the association and your insurer in writing, and get the wet areas dried. Do not wait for the HOA and your insurer to agree on who pays before drying starts.

  1. Close the main shutoff or the fixture valve. In a condo, call management if the source is outside your unit.
  2. Photograph the source, the water path and each damaged area before cleanup.
  3. Email the management company with the date, time, source and affected rooms.
  4. Call your own insurer and give them the HOA contact.
  5. Ask the association for its master policy information if you are in a condo or townhome.
  6. Have a local restoration crew take moisture readings and start drying, and keep their logs.

If drying waits on a disagreement, mold can start in 24 to 48 hours in a warm house, and insurers commonly deny that secondary damage. The drying record is useful to every party, so share it with the association and both insurers.

What about 55+ and seasonal HOA homes?

Owners who leave for the summer should know what their association will and will not do in an empty house. Most single-family HOAs do not enter homes or watch for leaks inside them, even when they maintain the yard.

In communities with many seasonal owners, like Province in Maricopa, Mission Royale in Casa Grande and Robson Ranch in Eloy, a leak can run for weeks before anyone sees water. Shut off the main before you leave, set the water heater to vacation mode, and give the association and a neighbor a contact who can let a crew in. Some CC&Rs require owners to name a local contact for exactly this reason.

If water is spreading in your HOA home or a neighbor's leak is coming through your wall, call (520) 380-1551. The line is open 24/7 and connects you with a local restoration crew in Casa Grande, Maricopa, San Tan Valley and nearby Pinal County towns.

Questions homeowners ask

Does my HOA pay for water damage inside my house?
In most single-family HOA neighborhoods, no. The association maintains common areas, and your own homeowners policy covers your house. In condos and some townhomes, the master policy may cover part of the building depending on the CC&Rs.
What is the difference between a master policy and an HO-6?
A master policy is the association's insurance on the building and common elements. An HO-6 is the condo or townhome owner's policy for the interior parts they own, their belongings, their liability and often their share of an assessed deductible.
Can my HOA charge me the master policy deductible?
Some Arizona declarations allow the association to pass the deductible to the owner whose unit caused or suffered the loss. Check the insurance section of your CC&Rs and the loss assessment limit on your HO-6.
My upstairs neighbor's leak damaged my ceiling. Whose insurance pays?
Usually you start with your own policy for your unit, and your insurer may recover from the neighbor's insurer if the neighbor was at fault. Report it to the association too, since the source or the pipe may be a common element.

Call (520) 380-1551

Need help with damage right now?

Speak to a local restoration specialist on the 24/7 line, any time of day.

Call (520) 380-1551

When you call: enter your ZIP code, then press 1 for water damage, 2 for fire damage or 4 for sewage backup.

Call Now · 24/7 Emergency Line