In an Arizona condo, you fix fixtures and pipes wholly inside your unit. The association maintains the common elements, which include shared lines and, by default, pipes outside your unit that serve only you, though it can charge that cost to your unit. In a townhome or planned community, the recorded CC&Rs decide.
What does Arizona law say for a condo?
A.R.S. 33-1247 says that, except to the extent the declaration provides otherwise, "the association is responsible for maintenance, repair and replacement of the common elements and each unit owner is responsible for maintenance, repair and replacement of the unit." Owners have to give the association and other owners access through the unit when that's reasonably necessary for repairs.
The statute defines common elements as "all portions of a condominium other than the units." Then A.R.S. 33-1212 handles the case that causes the fights, a line that runs partly inside and partly outside your unit. If a chute, flue, duct, wire, conduit, bearing wall, bearing column or other fixture lies partly inside and partly outside the unit's boundaries, "any portion serving only that unit is a limited common element allocated solely to that unit and any portion serving more than one unit or any portion of the common elements is a part of the common elements."
The pattern is: a portion serving only one unit becomes a limited common element allocated to that unit. A portion serving several units is a common element. Read that carefully, because "limited common element" does not mean "owner's pipe." A.R.S. 33-1202 defines a limited common element as "a portion of the common elements" set aside for the exclusive use of fewer than all of the units. The association maintains common elements by default under A.R.S. 33-1247(A), so a pipe outside your unit's boundaries that serves only you is usually the association's to repair. What the statute changes is who pays. Unless the declaration says otherwise, A.R.S. 33-1255(C)(1) says the cost of maintaining a limited common element "shall be equally assessed against the units to which the limited common element is assigned." Both statutes yield to the declaration ("Unless otherwise provided for in the declaration," in 33-1255(C)), so your condo's documents can draw the line somewhere else.
Which pipes are usually whose?
| Where the leak is | Usually fixed by | Why |
|---|---|---|
| Faucet, supply line or drain under your sink | Owner | Serves only your unit |
| Water heater or shutoff valve inside your unit | Owner | Serves only your unit |
| Pipe wholly inside your unit's boundaries that feeds only your unit | Owner | Part of the unit (33-1247(A)) |
| Pipe partly outside your unit's boundaries that serves only your unit | Association repairs it; the cost can be assessed to your unit | Limited common element (33-1212, 33-1255(C)(1)) |
| Vertical stack, riser or main serving several units | Association | Common element |
| Pipe in a shared hallway, slab or ceiling above you | Association | Common element |
| Sewer line under the building or parking area | Association | Serves more than one unit |
Where a unit's boundary sits decides the middle rows, so check your declaration's definition of the unit. Treat the table as where an argument usually ends, not a ruling. Boundary language in declarations varies, and some make owners responsible for more than the statute's default.
### What if the repair means entering someone else's unit?
Pipes in a condo run through walls, floors and ceilings that belong to different owners, so repairs often need access. A.R.S. 33-1247 covers this. On reasonable notice, each unit owner has to give the association and other owners, and their agents or employees, access through the unit that is reasonably necessary for maintenance, repair and replacement. If damage is caused to a common element or to a unit while access is taken, the unit owner who is responsible for the damage, or the association if it is responsible, is liable for prompt repair of that damage. In practice, a plumber who has to open a neighbor's wall to reach a common riser can expect the association to arrange the access and the patching. An owner who ignores a reasonable access request can be held responsible for the delay. Keep notices short and in writing, and give a date and time window so nobody can claim they were surprised.
What about a townhome or a house in an HOA?
Townhome communities and other planned communities fall under a different Arizona law than condos, and the pipe-by-pipe split comes from your declaration, often called the CC&Rs. The statute for condos doesn't apply, though a few townhome projects are legally condominiums, so check the title of your declaration. The City of Phoenix says property owners maintain the water and sewer lines that run through their property to the city's mains, and adds: "If you live in a dwelling like a condo, please contact your local homeowners association to determine your responsibilities." For a shared sewer line, see who pays for a shared sewer line clog in a townhome community.
What should you do when the pipe is leaking right now?
Stop the water first and argue about who pays second.
- 1Shut off the water at your unit's shutoff valve. If you can't find it or it doesn't stop the leak, call the association's emergency line, then a plumber. Our emergency plumber guide covers what counts as urgent.
- 2Photograph the damage and the source before anything is moved. Water in a ceiling or wall from a neighbor's unit or a shared line is a report to management, in writing.
- 3Have a plumber identify which line failed. "Serves only my unit" or "serves several units" is a factual question, and a plumber's written finding settles most disputes. Our page on how plumbers find hidden leaks explains the methods.
- 4Send the association a written repair request that cites the section of your declaration you think puts the line on their side, and keep the response.
- 5Notify your insurance carrier. See how to file a water damage insurance claim.
### Does the association's insurance cover the damage?
Often it does, at least in part, and Arizona sets out how a condo owner reaches it. Under A.R.S. 33-1253, the association has to maintain property insurance on the common elements and, if the condominium documents require it, on the units, against all risks of direct physical loss commonly insured against. Each unit owner is an insured person under that policy for their interest in the common elements, and the association's policy is primary if the owner has other insurance covering the same property. The owner can report a loss under the master policy, but has to report it to the association first and give the association ten business days to give a written decision on whether it will report a claim. If the association declines, it must give its reason in writing. Money for a covered loss goes to the association or an insurance trustee. It is used to repair the damaged property.
The master policy usually does not cover an owner's personal property or the improvements and betterments an owner installed, so a separate owner's policy still matters. Our page on filing a water damage insurance claim lists what an adjuster will ask for. Whether the loss is covered, and what deductible applies, depends on the policy language, so read yours or call the carrier before you assume.
### What should you look for in the declaration?
Read three parts of the documents. The definitions section says where a unit begins and ends. The maintenance section says who repairs what. The insurance section says what the association insures. Words like "from the shutoff valve inward" or "up to the point where the line enters the unit" settle many disputes in one sentence. If the wording is unclear, ask the association for its written interpretation before you spend money.
What if the HOA refuses?
Arizona's Department of Real Estate runs an HOA dispute process, an alternative to civil court where an administrative law judge hears the case. Only an owner or the association can file, and the department notes it cannot advise what an HOA is or isn't allowed to do. Read your declaration, get the plumber's written finding, and file only after the association has had a fair chance to respond.
HQ is licensed and insured, and if it's your line to fix, we'll give you a free estimate and the price up front before work starts.
If you rent the unit instead of owning it, see how long an Arizona landlord has to fix a plumbing leak.