Water Damage— HOA vs Owner responsibility

I’m on the board of a condo HOA in California. One unit’s AC condensate line (inside the wall) was blocked, causing floor damage to his unit. HOA mgmt company says all repairs are the unit owner’s responsibility. However, our CC&Rs state:

“The rights and duties of the owners with respect to lines for sanitary sewer, water, gas, electricity, telephone cables and air conditioning, if any, shall be governed by the following rules:

“In the event any portion of such connection or line is damaged or destroyed by some cause other than the negligent or willful misconduct of one of the unit owners, his agents, tenants, servants, guests, invitees or family members, and including within such definition ordinary wear and tear and deterioration from lapse of time, then in such event such connection, line or cable shall be rapaired and restored by the
Association, with the cost and expense of such repair and restoration to be paid out of assessments levied in accordance with this Declaration equally against all owners.”

The unit owner has his AC maintained annually. Clogged AC condensate lines have been a problem in the past at our building and the HOA has paid for an AC tech to unclog the line, but this is the first time that a clogged line resulted in floor damage.

Nowhere in our CC&Rs does it address who’s responsible for the owner’s flooring damage (property damage) which was caused by AC lines or any other type of pipe leak or break inside the wall, and I need help clarifying who would be responsible for such repairs.

Hoping someone can help with this one.
Thank you!

In 2018, when my unit suffered floor damage due to a clogged condensate line, I contacted my insurer AAA who pointed out this same section of our CC&R’s, HOA management took the stance that it wasn’t their responsibility, but then the HOA’s insurer Farmers agreed to cover the claim (incl flooring, water remediation, mold testing and asbestos testing).

Also, In the past, when there was water intrusion and flooring damage to 2 units (due to rain gutter blockage), the HOA paid for the flooring material and installation for both units.

Something seems wacky here… where the HOA takes one stance, but then insurers read our CC&R’s a different way than HOA mgmt.

It is unusual for an insurance policy to go against the CCRs. They will generally use the CCRs to insurance what the HOA is responsible for per the governing docs. If there were a sudden burst in the pipe and the incident was caused by one sudden event, then the insurance policy would cover. I would need to see the CCRs in its entirety.

So in your case, it appears the HOA may not have been the responsible party, but the insurance company would pick up the tab. In any instance, it is always best to report the incident to your insurance agent and let the two insurance carriers work it out.

Our CC&R’s don’t address this issue.

However, I had a chance to go back through my 2018 emails, and made a discovery that explains why insurance covered *my floors back then: The declaration pg of our master policy with Farmers at that time states: THIS IS A WALLS IN POLICY AND INCLUDES IMPROVEMENTS AND BETTERMENTS. SEVERABILITY OF EXTENDED REPLACEMENT COST 150%. 24 UNITS.

It will also depend on the kind of insurance the association carries, so check your CC&Rs' section on insurance to see what it says.

Some CC&Rs require "all included" insurance, which can cover parts of the interiors of homes. Flooring usually is one of these parts.

Other CC&Rs only require insurance to cover the exteriors of the units, and flooring repairs would be unit owners' responsibility.

All-included insurance in attached homes can be confusing since it seems to contradict what the CC&Rs say about maintenance responsibility. The difference is whether or not the damage is due to an insurable event. Insurable events are sudden, unpredictable, and could not be prevented through normal, prudent maintenance. It sounds like the OP's association does carry all-in insurance and that the leak was deemed to be an insurable event. Small leaks that result from neglect or routine wear and tear are usually not insurable events, in which case the homeowner would be responsible for the flooring damage.

Thank you for your help, CathyA3!

Yes, these a/c condensate lines get clogged and the only way the unit knows something is wrong is (1) the a/c stops blowing cool air or (2) water comes out the bottom of the unit’s a/c having no other outlet due to the clogged line.