Sewer Backups, Roof Leaks, and Pipe Breaks: How to Respond, and Who is Responsible for Repairs?
This article first appeared in the Communicator, Fall 2025 Edition. To view click here.
When catastrophe strikes in the form of sewer backups, roof leaks, and pipe breaks, it is often unclear what to do. Then, once the initial emergency is handled, the larger question of who is responsible to pay for the repairs must be addressed.
SEWER BACKUPS
Worse than a simple pipe leak, a sewer backup can become a hazmat situation. The initial response to such an emergency is: (1) immediately fix the leak (or clog), and (2) notify insurance of the loss. As part of the initial repair, be sure to have the plumber or repair person document what is causing the backup and, most importantly, where the blockage is located. Photos and drawings of locations are key because responsibility for repair of sewer backups is typically determined by location. The board has a fiduciary obligation to investigate the cause of the damage, so it is essential to engage a plumber or other licensed professional who can provide a detailed report regarding what is happening and not just a brief proposal for repair.
In order to determine the responsibility for sewer backups, you should consult the association’s governing documents, typically the CC&Rs, to determine who is responsible for the different parts of the sewer system. Depending on where it is located, the sewer main may be the responsibility of the association, with the sewer laterals serving only one unit or lot being the responsibility of the owner. However, allocation of responsibility depends on how this responsibility is stated in the governing documents. If the governing documents are silent on sewer line maintenance, then Civil Code section 4775 states that owners are responsible for the separate interest and exclusive use common area and the association is responsible for the common area. If relying on the statutory default, the location of the sewer pipes and the clog will likely be the determining factor in figuring out who is responsible for paying for repairs and possibly an insurance deductible for the loss.
Once it has been determined who is responsible for paying for the repairs, a reimbursement assessment may be required if the owner is responsible. (Don’t forget to have a hearing before levying the reimbursement assessment and use the reports from your licensed professional to support imposition of the reimbursement assessment.)
ROOF LEAKS
When the roof of a condominium or townhouse-style planned development leaks, owners typically assume that the association will be responsible for all repairs, including interior repairs necessitated by the leaking roof. This simplistic allocation of responsibility often doesn’t take into account the different scenarios that lead to roof leaks.
In general, common area roofs are the maintenance, repair, and replacement responsibility of the association. Therefore, when a roof leaks, the first response should be the same as for a sewer backup: (1) immediately fix the leak, and (2) notify the insurance carrier of the loss. The association then has to determine why and where the roof is leaking by investigating with a licensed roofing professional. Depending on whether the leak is the result of a need for maintenance, or is the result of a storm, fallen tree, or other loss event, the association will likely need to pay for repairs out of reserves (for maintenance), or with insurance proceeds or special assessments (for storm damage, etc.). Large roof replacement projects may require special assessments and/or loans to fund.
Responsibility for repair and replacement of the roof itself may not be difficult to allocate. The trickier question arises when residents demand that the association pay for all consequential damages resulting from a roof leak. Residents often believe that if the association is responsible for repairs, then it must also be responsible for damage to the interior of the unit, which results from a roof leak. This is not always the case. The standard of care for roof maintenance is the same as for all common area components: the association has an obligation to "reasonably" maintain the roof. This is not the same as "strict liability," which means that the association is responsible for maintaining the roof and is liable for all damage resulting from the roof leak regardless of cause. Sometimes reasonably maintained roofs leak. In this situation, owners are typically responsible for damage caused to personal property and possibly the interior itself and should make a claim with their HO6 policy carriers for such losses. However, if the association unreasonably deferred maintenance, repair, and replacement of the roof, then it may well be responsible not only for the roof itself but also all damage to a unit resulting from the leak because the association was not reasonable in the way the roof was maintained.
As with other leaks, associations should be sure to document the condition of the roof and any investigation into the cause of a leak. In this way, there is support for insurance claims and a defense to claims for repair of unit interiors, if appropriate.
PIPE BREAKS
Determining responsibility for pipe breaks is similar to the analysis for sewer backups. As with other leaks, the most important first response is to stop the leak and clean up the flooding. There should not be any delay because water leaks are a true emergency, and you need to minimize the damage from both the water and possible mold later. An insurance claim should be initiated as soon as possible.
As with sewer leaks, responsibility for the leaking pipe repair largely depends on the location of the leak. If on common area (or in common area walls), it is most likely the responsibility of the association. If located in the separate interest, responsibility most likely is the responsibility of the owner. However, the governing documents must be consulted to make this responsibility because there can be any number of allocation schemes with regard to responsibility for pipe leaks. Additionally, prompt reporting requirements can shift responsibility for repairs. If the CC&Rs are silent with regard to leaking pipes, then the statutory default of Civil Code § 4775 will likely control. Don’t make the mistake of assuming that just because a pipe appears to be located in the unit that it is owner responsibility. The pipe could be located in a common area wall.
SUMMARY
Water, or worse, sewage leaks are emergencies that must be handled promptly. Stop the leak and clean up immediately to prevent further damage and health risks due to contamination or mold. Work with insurance carriers to determine the extent of coverage. Rely on experts to investigate and document location and cause of leaks so responsibility for repairs can be determined. Don’t assume that responsibility is solely linked to location of the leak or pipes because the CC&Rs may state otherwise.
Melissa Ward is the partner in charge of the Adams Stirling law firm’s Northern California offices. Her practice consists of serving as general counsel to associations all over California. When not practicing law, Melissa enjoys traveling, reading, and learning to sail.