💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PatW2 (Washington)
Posts: 9
Posted:
In recent years, hot water heaters have been an issue for our 88 unit townhouse complex.
Several of the hot water heaters have burst which resulted in a lot of water damage to that unit and adjacent units.

It's always been the belief of the HOA Board that the Hot Water Heater is the responsibility of the homeowner and any damage it causes is also the responsibility of the owner.
However, our new management company says the HOA should be the one paying for these repairs, as we're responsible for any water damage to the structure.

So without the approval of the board, the management company took it upon themselves to start the work and paid our $10,000 deductible out of our maintenance account.

Does anyone have any advice on how the HOA can drastically minimize its risk of these costly repairs caused by blown water heaters?
And is the management company right for saying the HOA should be paying the deductible even when the homeowner is negligent?

Thx!
KerryL1 (California)
Posts: 14,550
Posted:
Are you on the Board, Pat?

What do your documents say? Ask your MC to show you where it's written they're the HOA's responsibility. Further, how does the MC have the authorization to pay? Did the board vote on these expenditures?

Something sounds very wrong here.

Ours make the Owners responsible for any water damage caused by owners erosional property with overflowing washing machines or toilets, broken garbage disposal, etc.
RichardP13 (California)
Posts: 3,868
Posted:
First, check with the insurance company, as they are the ones who underwrite the insurance polices for the association. They would know what they (the association) is responsible for based on their interpretation of the CCRs and any attached amendments.

So, generally you have one of two scenarios. First, if the HOA is responsible for the damage, the homeowner will have to pick up the deductible, possibly through their own insurance. Second, in my experience, the failure of water heater, unless maintained by the association, falls on the individual homeowner.

The homeowner whose property was damaged should be talking to their insurance agent. Let the agents handle this being companies.
PatW2 (Washington)
Posts: 9
Posted:
Yes, I'm a board member.

Our CC+R's speak in more general 'Common Element' and 'Limited Common Element' terms, but it's not always clear what those limited common elements are and who's responsible for them.
As for our Management Company; Yes, they overstepped when they approved the repair work without prior approval, but that's a different issue.

-Pat
KerryL1 (California)
Posts: 14,550
Posted:
Water heaters, Pat, are probably not "limited common elements." They, like toilets and other plumbing within the units are personal property, and should be maintained, replaced, etc., by owners. That is unless your docs say otherwise.

It seems to me it's very important to make sure your MC knows its limits re: these and other expenditures.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PatW2 on 12/12/2017 11:54 AM
Does anyone have any advice on how the HOA can drastically minimize its risk of these costly repairs caused by blown water heaters?
And is the management company right for saying the HOA should be paying the deductible even when the homeowner is negligent?


I echo what Kerry and Richard wrote. You probably should get the HOA attorney to weigh in. At my condo, the HOA has put the word out that water heaters are aging and failing spontaneously, often causing water damage. The HOA has told owners to replace their water heaters now, or plan to have to contact your personal insurer to pay for damage to your condo and any adjoining condos. This is per my HOA's Declaration.
DouglasK1 (Florida)
Posts: 2,046
Posted:
It seems to me that your MC owes the association 10k for making expenditures without board authorization. Assuming they have the checkbook and signing authority on the account, I would remove that post haste and make sure the treasurer or president is signing all checks going forward.

Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PatW2 on 12/12/2017 11:54 AM

Does anyone have any advice on how the HOA can drastically minimize its risk of these costly repairs caused by blown water heaters?

Yes, replace the water heaters.
$10K for repair or $300 to $1K per water heater plus installation.
The math is fairly easy.

If the HOA is responsible for the repairs, they are likely responsible for the water heater itself.

At the very least, the Association should do an inspection on all water heaters to determine their condition.

Quote:
Posted By PatW2 on 12/12/2017 11:54 AM

And is the management company right for saying the HOA should be paying the deductible even when the homeowner is negligent?

Being negligent and proving negligence are two different things.

If the Homeowner is negligent, then the homeowner should pay.
However, a water heater blowing isn't something that can always be predicted.
SheliaH (Indiana)
Posts: 6,964
Posted:
I live in a townhouse complex and the homeowners are responsible for everything within their unit, including heating/air conditioning elements and water heaters. When it comes to water damage, we've always said that if homeowner negligence or abuse leads to damage to the common area, they're responsible for the association's deductible. In fact, we remind the homeowners of this every year when we send out our budget for the upcoming year - it also includes a flyer on water damage from frozen pipes that burst and that extends to toilets, faucets, etc.

It seems to me that unless your management company can show you in writing where the association is responsible, they owe you $10K. I'd also start looking for another management company and this time, make sure they don't have that type of access to the association's checking account. And check with your insurance carrier - they write the master policy based on the association documents, so if the policy isn't covering water heaters or other stuff within the unit, that's your answer.

The insurance carrier can also help you with providing homeowners with tips on how to maintain their water heaters so this type of thing doesn't happen - perhaps starting with checking how old the heater is. Maybe old age has been partially responsible for the heaters going kaboom and homeowners just need to bite the bullet and start shopping around for a good model and serviceman

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
I agree with Augie & Douglas.

Re: Tim, I think the HOA should do an inspection of the water heaters IF it's responsible. IF not , the Board could offer an inspection of all plumbing in each TH for a reasonable charge by a vendor. We did that for our 16 y.o. condo building and I think about half our owners took us up on it.

Negligent or not, if owners are responsible for their personal plumbing fixtures, they still must pay in my condo HOA for damage caused by water from any plumbing fixtures outside the wall of their unit no matter what the source. My impression is this is very common.

Most common here are overflows from showers, toilets or worn out garbage disposals. Our heat & AC are water source heat pumps and we did have a major flood when the water source connection of one blew out. Still the unit owner's responsibility.
PaininyourA
Posts: 215
Posted:
"Water Heaters"

Why would one wish to heat hot water ?

on a serious note:

sounds like the T-PRV piping needs to be brought to code

too often it merely ends above the drip pan, which can NOT handle the flow of a fully opened relief

It is critical that discharge pipes meet the following requirements, which can be found in InterNACHI’s Water Heater Discharge Piping mini-course, at www.nachi.org/education. A discharge pipe should:

1.be constructed of an approved material, such as CPVC, copper, polyethylene, galvanized steel, polypropylene, or stainless steel. PVC and other non-approved plastics should not be used since they can easily melt.
2.not be smaller than the diameter of the outlet of the valve it serves (usually no smaller than 3/4").
3.not reduce in size from the valve to the air gap (point of discharge).
4.be as short and as straight as possible so as to avoid undue stress on the valve.
5.be installed so as to drain by flow of gravity.
6.not be trapped, since standing water may become contaminated and backflow into the potable water.
7.discharge to a floor drain, to an indirect waste receptor, or to the outdoors.
8.not be directly connected to the drainage system to prevent backflow of potentially contaminating the potable water.
9.discharge through a visible air gap in the same room as the water-heating appliance.
10.be first piped to an indirect waste receptor such as a bucket through an air gap located in a heated area when discharging to the outdoors in areas subject to freezing, since freezing water could block the pipe.
11.not terminate more than 6 inches (152 mm) above the floor or waste receptor.
12.discharge in a manner that could not cause scalding.
13.discharge in a manner that could not cause structural or property damage.
14.discharge to a termination point that is readily observable by occupants, because discharge indicates that something is wrong, and to prevent unobserved termination capping.
15.be piped independently of other equipment drains, water heater pans, or relief valve discharge piping to the point of discharge.
16.not have valves anywhere.
17.not have tee fittings.
18.not have a threaded connection at the end of the pipe so as to avoid capping.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 12/12/2017 3:13 PM
I agree with Augie & Douglas.

Re: Tim, I think the HOA should do an inspection of the water heaters IF it's responsible. IF not , the Board could offer an inspection of all plumbing in each TH for a reasonable charge by a vendor. We did that for our 16 y.o. condo building and I think about half our owners took us up on it.

Negligent or not, if owners are responsible for their personal plumbing fixtures, they still must pay in my condo HOA for damage caused by water from any plumbing fixtures outside the wall of their unit no matter what the source. My impression is this is very common.

Most common here are overflows from showers, toilets or worn out garbage disposals. Our heat & AC are water source heat pumps and we did have a major flood when the water source connection of one blew out. Still the unit owner's responsibility.

Doesn't your complex have boilers which would be the responsibility of the HOA and the pipes from the boiler carrying the water also the responsibility of the HOA?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PaininyourA on 12/12/2017 3:38 PM

Why would one wish to heat hot water ?

So one could increase the temperature of the water enough to boil the egg they laid.
PaininyourA
Posts: 215
Posted:
Then, a superheater would be required.

Yes, a superheater, in the piping trades vernacular.

Technically, a water superheater.

Bawk bawk, squak bawk.
LetA (Nevada)
Posts: 2,679
Posted:
Hot water tanks are so 19th century technology. have you considered going tankless?

I owned a mobile home and the tank went out, I had a mess that soaked the carpet in the bedrooom adjacent to the hot water cabinet. The current code requires earthquake straps and a drip pan. I went one step further and waterproofed the cubby hole with a drain for both the drip pan and the nook where the hot water tank.

Personally I would with tankless technology I would install the Rennai tankless system that Paul Harvey used to endorse.

What say you PITA??
PaininyourA
Posts: 215
Posted:
tankless:

may be practical if gas fueled

electric service requirements are PROHIBITIVE (100 Amps+)

hi maintenance - cleaning / descaling / NOT instant at furthest fixture

EXPENSIVE installation

same issues with T-PRV discharge piping

same requirements for drainage when servicing

tank (if properly installed):

inexpensive

lo maintenance - occasional drain/flush

same issues with T-PRV discharge piping

same requirements for drainage when servicing

IMO: stick with a QUALITY tank PROFESSIONALLY installed with PROPER drainage
KerryL1 (California)
Posts: 14,550
Posted:
Yes, Richard. Our boilers are on the roofs of our twin towers. They and the pipes from them are not in any individual condo and are common area components. Can't get what your point is--if any.
PaininyourA
Posts: 215
Posted:
Boilers on the roof ?????!!!!!

Do you mean HVAC units ?

Condensers ?

Cooling towers ?

Surely you do NOT have boilers on the roof
PaininyourA
Posts: 215
Posted:
..... and don't call ME Surely !

(the movie Airplane)
KerryL1 (California)
Posts: 14,550
Posted:
Ummmm, Pain, though I'm not as familiar with the language of plumbing as you are, I promise you that the boilers that heat our domestic water are on the roofs of our twin towers.

They, obviously, aren't exposed to the elements and are in a room ON THE ROOF with other plumbing and mechanical equipment. Originally, our towers had big water heaters in these rooms, but their installation was defective. One problem was there was no way to get the anode rods out of them due to the ceiling height. For our overall defect lawsuit ('08-'10), our plumbing mechanical expert recommended the water heaters be replaced with boilers for reason that I can't remember.

Our cooling towers are in their own housing on the roofs too. These, Leta are not at all old-style "water towers." There are, Pain, about 35 common area water source heat pumps installed all over the premises including one in the elevator room, also in a room on the roof.
LetA (Nevada)
Posts: 2,679
Posted:
UM!! Yes because of gravity..
PaininyourA
Posts: 215
Posted:
cooling tower = condenser

cooling tower:
[img]http://3.bp.blogspot.com/-4azsQnHJggU/TpVpdRLJ0oI/AAAAAAAAAEE/vcAzb7w_Cys/s1600/cooling-tower-induced-flow.gif[/img]

condenser in thermal power plant:
[img]https://image.slidesharecdn.com/condenserinthermalpowerplants-120530083301-phpapp01/95/condenser-in-thermal-power-plants-6-638.jpg?cb=1366875386[/img]

boiler = water heater

boiler "type" water heater:
[img]http://newsite.harscopk.com/wp-content/grand-media/image/P-K_Compact-002_id77.jpg[/img]

PaininyourA
Posts: 215
Posted:
oh crap, forgot I was retired

JohnC46 (South Carolina)
Posts: 14,265
Posted:
At $10K for 68 units, that is $147 per unit to make the recurring problem go away. Not a bad deal.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By PaininyourA on 12/13/2017 10:03 AM
tankless:

may be practical if gas fueled

electric service requirements are PROHIBITIVE (100 Amps+)

hi maintenance - cleaning / descaling / NOT instant at furthest fixture

EXPENSIVE installation

same issues with T-PRV discharge piping

same requirements for drainage when servicing

tank (if properly installed):

inexpensive

lo maintenance - occasional drain/flush

same issues with T-PRV discharge piping

same requirements for drainage when servicing

IMO: stick with a QUALITY tank PROFESSIONALLY installed with PROPER drainage

Thanks for the education - I'd heard of tankless heaters and wondered if I should get one, but didn't know if there were electric ones (I have an all electric townhouse) It would appear I will have to continue with what I have.....

On a related note, I've also seen water heaters made of some heavy duty plastic and have been told these are better because they don't corrode like the usual types (I've replaced two for that reason) - what do you think of those?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
If we still were involved in our lawsuit against the developer and our boilers and cooling towers had not yet been replaced, I'd check those websites, Pain.

Since they were replaced and we settled with the developer in '10, I've had no need to focus on these components. Our chief engineer has worked on high rise plumbing matters for 20+ years and has been 5 years with us. He's a Master Boilermaker. He has worked with our reserves analyst, who specializes in high rises. Our reserves study refers to the cooling towers as just that and not as "condensers." To replace them is estimated at $855,000 due in part to needing a crane to hoist them onto the roofs. There are other components involved with them.

We have at least two components in our study related to hot water. Heating Boilers, @$84,500 to replace and Domestic Water Boilers at $79,500 to replace. (We also have domestic reheat tanks). For me, to the extent I need use the language at all, I'm best off sticking with that in my Reserves Study.
PaininyourA
Posts: 215
Posted:
Rheem comes to mind - lifetime warranty - $1300 equipment alone - really odd sized.

There ARE stainless steel commercial type heaters available.

For the 'typical' consumer I recommend:

Any name brand with a twelve year tank warranty.

If you can afford: a s/s tank (will not corrode or rupture)

NOT from a big box store.

Installation is MUCH more important than the heater itself.

A leak at a water heater should NOT, repeat NOT, cause any significant damage IF PROPERLY INSTALLED.

There MUST be a floor drain in the heater's 'installation space' or the design/install does NOT meet manufacturer's specifications.

The T-PRV 'should' be piped 6" above a floor drain or to the building exterior.

etc. etc. etc.

The typical condo is a disaster waiting for a time to occur.

BEST OF LUCK

ps. the first thing I did when I purchased my last home was relocate the heater to the garage
PaininyourA
Posts: 215
Posted:
Quote:
Posted By KerryL1 on 12/13/2017 3:54 PM
If we still were involved in our lawsuit against the developer and our boilers and cooling towers had not yet been replaced, I'd check those websites, Pain.

Since they were replaced and we settled with the developer in '10, I've had no need to focus on these components. Our chief engineer has worked on high rise plumbing matters for 20+ years and has been 5 years with us. He's a Master Boilermaker. He has worked with our reserves analyst, who specializes in high rises. Our reserves study refers to the cooling towers as just that and not as "condensers." To replace them is estimated at $855,000 due in part to needing a crane to hoist them onto the roofs. There are other components involved with them.

We have at least two components in our study related to hot water. Heating Boilers, @$84,500 to replace and Domestic Water Boilers at $79,500 to replace. (We also have domestic reheat tanks). For me, to the extent I need use the language at all, I'm best off sticking with that in my Reserves Study.

If they are actually cooling towers they are NOT indoors but on the roof 'open to atmosphere'.

I am really glad that you have both a handle on your equipment, and a reserve study.

Your heating boilers are for your hydronic heating system.

Give my best to your boiler maker from this old tired and retired pipefitter.


PaininyourA
Posts: 215
Posted:
ps. to Kerry,

the links are merely to pictures - no time other than a click and a look required

KerryL1 (California)
Posts: 14,550
Posted:
Right, Pain, as I wrote above, the cooling towers are in their own stainless steel housing on the roof. Yes, there are areas of the housing that I can see into. One defect about them was a part that exhausted wet air was too close to a exterior wall of the room where the boilers are. So hot, moist air would blow out against the wall and ricochet back into the the housing. This caused premature failure of the blades, etc., etc. There were other issues too, i.e., no VFDs hooked up --just on a wall as window dressing.
RichardP13 (California)
Posts: 3,868
Posted:
And what does this have to do with the OP's situation???????
KerryL1 (California)
Posts: 14,550
Posted:
Richard, you're the one who asked if my HOA had common area HVAC, etc., which I answered. Not sure why you asked....
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 12/13/2017 5:36 PM
Richard, you're the one who asked if my HOA had common area HVAC, etc., which I answered. Not sure why you asked....

No actually I asked if you had boilers (extra large water heaters and maintained by the HOA), there is a difference.
KerryL1 (California)
Posts: 14,550
Posted:
I replied waaaaaay above, Richard even tho' it had nothing to do with the OP's question. Still don't know why you asked?????
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 12/13/2017 8:44 PM
I replied waaaaaay above, Richard even tho' it had nothing to do with the OP's question. Still don't know why you asked?????

Like you, sometimes I don't have time to read ALL the responses.
HowardK
Posts: 6
Posted:
thank you..
DouglasK1 (Florida)
Posts: 2,046
Posted:
post reported as spam

Escaped former treasurer and director of a self managed association.
JenniferG11 (Texas)
Posts: 667
Posted:
Quote:
Posted By DouglasK1 on 08/06/2018 5:56 AM
post reported as spam

How do we report posts?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Under Help, Contact HOA Support.

Support and moderators both monitor that mailbox.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here