Are Condo Owners Responsible for Repairing Property Damage Caused by Associations?

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by Niurys Robaina and appeared in Sunday’s edition of the newspaper. The article, which is titled “Are Condo Owners Responsible for Repairing Property Damage Caused by Associations?”, focuses on a question that was discussed in a Reddit post regarding who is responsible for repairing damage caused by association-initiated work. Her column reads:

. . . A recent post on the popular Reddit r/HOA forum shines a light on this scenario. The post, “HOA is Going to Cut Up My Kitchen and Not Repair the Damage,” comes from a unit owner in a five-story condominium building that sustained significant storm damage. Many of the residences at the property remain uninhabitable and the association has begun extensive repairs, which include the replacement of aging plumbing riser stacks throughout the building.

The conflict arises from the association’s decision to replace these pipes not only in damaged areas but also in the undamaged sections of the building. According to the post, owners of the unaffected units have been told they must cover the costs of repairing any damage to their interiors caused by the pipe replacements, which could result in damaged cabinetry, countertops and tiles.

In the areas of the building that sustained hurricane damage, walls were already removed as part of the storm response, making the replacement of the pipes relatively straightforward. Moreover, owners of those units have also been able to file insurance claims to cover the full scope of their interior repairs.

However, for owners in the undamaged sections (where walls remain intact and no storm-related insurance claims can be made) the situation is far more complex. They now face the prospect of invasive construction and out-of-pocket expenses for restoring finishes that may be impacted by the association’s expanded repairs and renovations.

“This doesn’t seem right,” the unit owner writes. “I paid $10k+ for new cabinets, subway tile backsplash, and granite countertop, and they’re going to chop it up and then not repair it.”

The unit owner states that the association will be conducting plumbing renovations for the undamaged areas of the building as part of the repairs it is undertaking for the damaged sections. They further explain:

“The condo documents state the HOA is responsible for anything inside the walls and homeowner is responsible for anything outside the walls. They have opened up our walls and ceiling several times over the years to make plumbing repairs. On those occasions they closed up the wall and we repainted. But there’s nothing mentioned in the condo docs about who is responsible if they cut up my cabinets, backsplash, and granite.”

As is often the case, the outcome for this situation will likely be dictated by the specific provisions in the association’s governing documents. The circumstances underscore a broader issue that affects many condominium communities concerning the often-blurry line between association and owner responsibilities.

While most governing documents clearly assign responsibility for common elements (such as plumbing and electrical systems inside the walls) to the association, they may not address the consequences of accessing those systems.

It is important to emphasize that each case is unique. In some cases, governing documents include provisions requiring the association to repair incidental damage caused by its maintenance of common elements. In others, the burden may fall on the unit owners. The difference can hinge on a single clause buried deep in a condominium’s declaration.

The only way to determine who is responsible for repairs in situations like these is to carefully review the association’s governing documents, ideally with the assistance of experienced legal counsel.

In the meantime, owners and associations alike are encouraged to work collaboratively. Damage can often be minimized through careful planning and communication with contractors. In some cases, cabinetry and countertops can be removed and reinstalled, and alternative access points may reduce the need for the demolition of unit interiors. . .

Niurys concludes her article by noting that the keys to resolving these disputes are not typically found in online forums, but rather in the fine print of each community’s governing documents. She writes that as parts of Florida continue to recover from Hurricane Milton, many condo owners will find themselves turning to those documents for answers and protection.

Our firm salutes Niurys for sharing her insights into the questions posed in this recent Reddit post with the readers of the Miami Herald.  Click here to read the complete article in the newspaper’s website.

Our South Florida community association attorneys write about important matters for associations in this blog and our Miami Herald column, which appears every two weeks on Sundays, and we encourage association directors, members and property managers to click here and subscribe to our newsletter to receive our future articles.