Who pays for water damage repairs in a condo, you or the association?

Key facts

• Fla. Stat. 718.111(11)(j): "(j) Any portion of the condominium property that must be insured by the association against property loss pursuant to paragraph (f) which is damaged by an insurable event shall be reconstructed, repaired, or replaced as necessary by the association as a common expense."

  Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

• Fla. Stat. 718.111(11)(j)1: "1. A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer."

  Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

• Cal. Civ. Code 4775(a)(2)(A): "(2) (A) Unless otherwise provided in the declaration of a common interest development, or unless the utility service that failed is required to be maintained, repaired, or replaced by a public, private, or other utility service provider, the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest."

  Source: California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

• Cal. Civ. Code 4775(a)(3): "(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest."

  Source: California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

Does one rule decide condo water damage everywhere?

No. Each state's condominium law sets its own default, and both statutes quoted here point back to the building's own documents. Florida's insurance subsection, read 22 October 2026, says of its own reach: "this subsection applies to every residential condominium in this state, regardless of the date of its declaration of condominium."

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

For damage that is not an insurable event, the same Florida paragraph sends you to the building's documents: "In the absence of an insurable event, the association or the unit owners shall be responsible for the reconstruction, repair, or replacement as determined by the maintenance provisions of the declaration or bylaws."

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

California's Civil Code section 4775, read 22 October 2026, opens each of its default rules with the same words, for example: "(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest."

Source: California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

In our reading, the first document to pull after a leak is your own declaration and bylaws, then your state's condominium statute.

What does Florida say about association and owner repair responsibilities?

In our reading, the association repairs, as a common expense, the parts of the building its own property policy must cover. Florida Statutes section 718.111(11)(j) is quoted below in its own words. The paragraph's first sentence, read 22 October 2026: "(j) Any portion of the condominium property that must be insured by the association against property loss pursuant to paragraph (f) which is damaged by an insurable event shall be reconstructed, repaired, or replaced as necessary by the association as a common expense."

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

On deductibles and damage above the policy, the same paragraph says: "All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium, except that:"

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

Paragraph (k) lets an association change that split by a vote, in its own words: "(k) An association may, upon the approval of a majority of the total voting interests in the association, opt out of the provisions of paragraph (j) for the allocation of repair or reconstruction expenses and allocate repair or reconstruction expenses in the manner provided in the declaration as originally recorded or as amended."

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

Florida's subsection names the items inside a unit that the association's policy must leave out, and lists cases where a unit owner pays; each is quoted below. Paragraph (f), item 3, read 22 October 2026: "3. The coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit." "Such property and any insurance thereupon is the responsibility of the unit owner."

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

The first exception in paragraph (j), on damage someone caused: "1. A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer."

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

The fourth exception, on a loss reported late: "4. The association is not obligated to pay for reconstruction or repairs of property losses as a common expense if the property losses were known or should have been known to a unit owner and were not reported to the association until after the insurance claim of the association for that property was settled or resolved with finality, or denied because it was untimely filed."

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

Paragraph (g), item 2, on work the association does that falls on the owner: "2. Unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance, or for which the unit owner is responsible under paragraph (j), and the cost of any such reconstruction work undertaken by the association is chargeable to the unit owner and enforceable as an assessment"

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

Can you hire your own contractor for repairs inside a Florida unit?

Florida's statute says all reconstruction work after a property loss must be undertaken by the association except as otherwise authorized, and a unit owner may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration. Paragraph (g), item 1, read 22 October 2026: "1. All reconstruction work after a property loss must be undertaken by the association except as otherwise authorized in this section. A unit owner may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration."

Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

In our reading, ask the board for that consent in writing before anyone starts tearing out wet drywall or flooring.

Who repairs a California leak that starts in the common area?

California's Civil Code section 4775 says that, unless otherwise provided in the declaration, the association is responsible for repairs and replacements necessary to restore interrupted water services that begin in the common area even if the matter extends into a separate interest. The general rule for the common area, read 22 October 2026: "(a) (1) Except as provided in paragraph (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area."

Source: California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

The rule for interrupted services, in its own words: "(2) (A) Unless otherwise provided in the declaration of a common interest development, or unless the utility service that failed is required to be maintained, repaired, or replaced by a public, private, or other utility service provider, the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest."

Source: California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

On exclusive use common areas, paragraph (4): "(4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area."

Source: California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

On timing, subdivision (b)(1): "(b) (1) An association’s board shall commence the process to make the repairs necessary to restore gas, heat, water, or electrical services, as required by this section, within 14 days of the interruption of services."

Source: California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

On moving out during the work, subdivision (c): "(c) The costs of temporary relocation during the repair, replacement, or maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected."

Source: California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

The section also has a subdivision (e) on disaster conditions; its full text, with its amendment note, is at the California Legislative Information link in Sources.

What should you do first when water comes into your condo?

Stop the water, tell the association in writing the same day, and get the declaration and bylaws in hand before anyone agrees who pays. This is practical reasoning, not legal advice and not a finding from any agency.

1. Shut off the water at the fixture or the unit valve if you can do it safely, and call building management for anything that starts outside your unit.
2. Photograph and video the water, the source if you can see it, and every wet ceiling, wall, floor and cabinet, with the date showing.
3. Report the leak to the association in writing (email or its portal) the same day, and keep a copy. In Florida, a late report matters: paragraph (j) item 4 says: "The association is not obligated to pay for reconstruction or repairs of property losses as a common expense if the property losses were known or should have been known to a unit owner and were not reported to the association until after the insurance claim of the association for that property was settled or resolved with finality, or denied because it was untimely filed."

   Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

4. Ask the association for the declaration, the bylaws and any maintenance or insurance responsibility chart, and find the sections on the unit boundaries and on repairs.
5. Call your own unit-owner insurance company, and ask whether the association's policy, your policy or neither covers each damaged item.
6. Ask the board, in writing, who will do the repair and who will hire the contractor before you sign any repair contract. In Florida, the statute says: "A unit owner may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration."

   Source: Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026.

7. If the water came from a neighbor's unit, tell that owner and the association in writing, and keep every reply.
8. Keep every invoice, photo, report and email about the leak in one folder until the repair and any claim are closed.

Who sees your contact details when you post on InstaBids?

Contact details stay hidden until the homeowner picks a contractor and they confirm the connection.

Source: InstaBids process and privacy, live-page excerpts, read 22 October 2026.

Sources for the facts on this page

• Florida Statutes section 718.111, The association, subsection (11) Insurance, Online Sunshine (Florida Legislature), read 22 October 2026
• California Civil Code section 4775, Maintenance, California Legislative Information, read 22 October 2026
• InstaBids process and privacy, live-page excerpts reviewed 22 October 2026.