Owner balks at days without water as condo demands to replace aging, but unbroken pipes

Yahoo

27-04-2025

Live in a home governed by a condominium, co-op or homeowner's association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers.
Question: I am a condo owner. Our board of directors is adamant about doing some work in my unit, even though it is not necessary. They want to replace my copper piping that they say, "has the potential to leak — it could be six months from now or three to five years, who knows, from now but we need to replace them.'
The pipes are not currently leaking, and they do not show damage of any kind. The work they claim is needed could render my apartment useless for at least a week, and my wife and I will not be able to use the toilet, the vanity and the shower. My question is: can I refuse to let them enter my apartment unit to make "repairs" that are not needed? Signed, A.Y.
Dear A.Y.,
I am going to assume that, as would by typical, your association has the primary responsibility to maintain, repair and replace the common plumbing in the building. It is not particularly uncommon for plumbing to deteriorate over time, sometimes more quickly, sometimes less. But water leaks can be extraordinarily expensive casualty events.
Probably the biggest issue I see in my client condominiums is leaking or failing pipes causing tremendous losses. So, your board is being proactive. I suspect they have solicited the opinion of an engineer or plumbing professional that your pipes are either defective or nearing the end of their useful life, and that it would be best to replace them.
The Condominium Act grants the association the irrevocable right to enter your unit when necessary to maintain the common elements or other property that is the association's responsibility, or to protect other units. They would be doing both here.
So, legally, you do not have the right to prevent them from accessing your unit simply because you don't think the repairs are necessary, and because they would be an inconvenience. There are lots of inconveniences in a condominium — that's part of living with dozens of others in the same property. If you refuse, the association can either enter forcibly (though I never recommend that for safety reasons), or instead get a court order requiring you to allow access — in which case you'll end up paying the association's attorney fees and costs. Don't let it get to that point.
One thing that you should investigate, however, is whether your declaration of condominium requires the association to be responsible for 'incidental damage' caused by their repairs. If so, and if your unit is unusable while the work is being performed, they may be obligated to pay for a hotel during that time.
Question: I live in a gated community governed by an HOA. After spending over $12,000 to have new, board-approved landscape renovations installed, the sprinklers on my property and three other adjacent homes have stopped working.
This has been going on for seven weeks. The system is monitored by a software irrigation company and the homeowners pay for this in our HOA dues. The HOA claims there is no one available at this company to come and fix the problem. I have been hand watering since the problem started. Do I need to hire an attorney? Signed, B.A.
Dear B.A.,
I am going to assume from your question that the association has a specific responsibility in the declaration of covenants to maintain the irrigation system throughout the community, including within the lots, and not just a monitoring responsibility. If that's the case, I don't think it's enough for the association to simply say 'no one is available to repair it, sorry.'
Obviously, the Association can't be responsible for the simple fact that something breaks, but it does have an obligation to make a reasonable effort to get it repaired. The question will be, has the board acted in the manner that a reasonably prudent board in the same position would have acted?
If your board is just throwing its hands up and refusing to call in another vendor to make the repair, I would strongly question why that's the case. Now, perhaps they have a contract where they pay a flat rate for repairs, and so they want to wait for the vendor to respond — that would at least provide some excuse for their inaction.
But overall and given both the amount of money that you've spent, as well as the fact that your board seems so disinterested in repairing the irrigation issue, I do think you would be best off hiring an attorney. Ultimately, if the board completely abrogates its responsibilities, it could find itself responsible for replacing your landscaping — they're lucky you're making the effort to keep it alive!
Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of "New Neighborhoods — The Consumer's Guide to Condominium, Co-Op and HOA Living." Email your questions to [e-mail]. Please be sure to include your location.
This article originally appeared on Palm Beach Post: Condo wants to replace my pipes before they break - can I refuse?