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HOA Water Damage: Who Is Responsible?
HOA Water Damage: Who Is Responsible?
September 07,2023

HOA Water Damage: Who Is Responsible?

Water damage is a common and often costly issue that homeowners face. However, when homeowners associations (HOAs) are involved, determining accountability for water damage becomes a complex matter. HOAs are responsible for maintaining common areas, and individual homeowners are responsible for their private spaces, but the lines can be blurred. In this article brought to you by Tidal Wave Restoration, we explore some scenarios and possible outcomes. At the end of the day, each HOA agreement is different so refer to your documents for the most specific answers.

HOA Water Damage: Who Is Responsible?

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If your property has experienced water damage, then make sure to get started on the water damage cleanup and water damage removal as soon as possible. Residents in the Metro Atlanta area who are looking for a reputable water damage restoration company can call Tidal Wave Restoration, a leader in the industry.

Water Damage in Common Areas

When water damage occurs in a common area, such as a parking garage, clubhouse, or swimming pool area, the HOA is unequivocally responsible for repairs. Common areas are collectively owned by all homeowners within the association, and the HOA's duty is to maintain and repair these spaces. Therefore, whether the damage is due to heavy rainfall, a plumbing issue, or any other cause, the HOA generally bears accountability for the damage and associated costs.

Roof Leaks in a Multifamily Home

One of the most common scenarios in multifamily homes is a roof leak. When a roof leak occurs in a shared building, the HOA typically bears responsibility for repairs. This is because the roof is part of the common area, and the HOA is responsible for maintaining it. Individual homeowners generally do not have to worry about the cost of fixing a leaking roof, as it falls under the HOA's jurisdiction.

Burst Pipes or Leaking in a Townhome

In townhomes, the situation can be different. If a homeowner experiences burst pipes in their unit, they are typically responsible for the repairs. This is because the pipes within the walls are considered part of the homeowner's private property. However, if the burst pipe causes damage to other units or common areas, the HOA may step in to address those damages. Therefore, the accountability for water damage in townhomes depends on whether the damage is contained within a homeowner's unit or extends to shared spaces.

Negligence Vs. Accidental Damage

Determining accountability may also hinge on whether the water damage was a result of negligence or an accident. If a homeowner's negligence, such as failing to properly maintain their plumbing system, causes water damage, they are typically responsible for the cost of repairs. Conversely, if the damage is the result of an unforeseen accident or an issue beyond the homeowner's control, the HOA (or more probably the property insurance provider) may be more likely to cover the expenses.

Water Damage Cleanup Should NOT Be Delayed

Determining responsibility can be time-consuming and exhausting, but water damage will not wait. Water can spread quickly, and deep. Don’t delay water damage cleanup in Norcross, GA. Call Tidal Wave Restoration to contain the damage and prevent further problems. We’ll even help you document damages to use for determining accountability.