Before tearing into walls for a condo repiping project, Florida homeowners face a critical question: does your HOA require approval? The answer depends on the scope of work and how your governing documents define common elements versus unit boundaries. Skipping approval could trigger fines, stop-work orders, or lawsuits, making it worth consulting with an HOA attorney in Florida before starting work.
Why HOA Approval May Be Required for Repiping
Under Florida Statutes Chapter 718.113, condominium associations maintain responsibility for common elements unless the declaration assigns limited common elements to individual owners. Most repiping projects require access to walls, ceilings, or slab work that could impact shared building systems. If your plumbing lines connect to vertical stacks serving multiple units or run through structural walls, the association likely considers these common elements requiring board approval.
⚙️ Many associations define unit boundaries as the “unfinished interior surfaces” of walls and ceilings. Anything embedded within those surfaces—including pipes, electrical conduits, or ventilation ducts—typically falls under HOA jurisdiction.
Hypothetical Scenario: Maria owned a third-floor condo where a bathroom supply line leaked behind the wall. She hired a plumber who discovered corroded piping throughout her unit. Without checking her HOA’s architectural modification rules, Maria approved a complete repipe affecting walls she shared with her neighbor. The HOA issued a stop-work order after discovering the contractor had opened common element walls without submitting plans or obtaining written approval, delaying the project by three weeks and resulting in a $500 fine.
The Miami-Dade County Courthouse at 73 West Flagler Street handles many disputes where homeowners face enforcement actions after unauthorized modifications.
| Work Type | HOA Approval Typically Required? | Reason |
|---|---|---|
| Replacing pipes within kitchen cabinets | Usually No | Confined to unit interior with no common element impact |
| Repiping that requires opening shared walls | Yes | Affects common elements or building structure |
| Upgrading fixtures without structural changes | Usually No | Cosmetic changes within unit boundaries |
| Repiping connecting to vertical building stacks | Yes | Impacts plumbing systems serving multiple units |
What Happens If You Skip HOA Approval?
Proceeding without authorization creates immediate consequences. Associations have enforcement powers under Florida law, and boards take unauthorized construction seriously.
- Monetary fines: Most declarations allow daily fines ranging from $100 to $1,000 until you obtain approval or reverse the work.
- Stop-work orders: The HOA can demand immediate cessation, leaving your condo in disarray until you complete the approval process.
- Forced removal: Associations may require you to restore walls and ceilings to their original condition at your expense.
- Litigation costs: If disputes escalate to legal action, you could face both your attorney fees and the HOA’s legal costs if your governing documents include prevailing party provisions.
The Florida Department of Business and Professional Regulation oversees contractor licensing, but it doesn’t resolve HOA disputes. These conflicts typically require negotiation with your board or, in contentious situations, consultation with an HOA attorney in Miami who handles construction violations.
🏗️ If unauthorized repiping causes water damage to a neighboring unit, the lack of proper permits and HOA approval could complicate your insurance claim, potentially leaving you personally liable for repair costs exceeding tens of thousands of dollars.
How to Properly Get Approval from Your HOA
The approval process varies by association, but Florida condos follow similar procedures rooted in Chapter 718 requirements.
- Review governing documents: Examine your declaration, bylaws, and architectural modification rules to understand what requires approval.
- Prepare detailed submission: Most HOAs require a written request including scope of work, contractor information with license verification, building permits, and estimated timeline.
- Include supporting documentation: Attach plumbing diagrams showing which pipes you’ll replace, photos of current conditions, and proof of contractor liability insurance.
- Submit to proper authority: Send your application to the architectural review committee or board of directors, following any submission procedures outlined in your rules.
- Wait for written approval: Never begin work based on verbal permission. Require formal written authorization signed by appropriate HOA representatives.
Many Florida associations process architectural requests within 30 to 45 days, though complex projects may require additional review. The University of Miami School of Architecture studies adaptive reuse in Florida buildings, including how associations balance preservation with necessary upgrades in aging structures.
Does the HOA Cover Any Plumbing Repairs?
Responsibility for plumbing costs depends on whether pipes qualify as common elements and what caused the failure. Florida law generally assigns common element maintenance to associations while unit owners handle repairs within their individual spaces.
Associations typically maintain vertical plumbing stacks, main water lines serving the building, and exterior waste pipes. Unit owners generally handle supply lines within their condo boundaries, fixtures like faucets and toilets, and drain pipes serving only their individual unit.
📋 Hypothetical Scenario: James noticed brown water stains spreading across his living room ceiling. Investigation revealed a corroded vertical stack inside the wall cavity serving his unit and two others above him. Because the pipe qualified as a common element under his declaration, the HOA paid for replacing the stack and repairing all affected drywall. James’s insurance covered his damaged furniture and carpeting since the association’s policy only extended to building components up to unfinished drywall surfaces.
Similar principles apply to roof maintenance. Our guide on does the HOA cover roof leaks explains how Florida associations handle overlapping responsibilities when common element failures damage individual units.
Need Help With Your Condo Repiping Approval?
Unsure if your condo repiping project needs HOA approval? Contact Gomez Law at (305) 446-2070. We represent Florida homeowners in disputes and can review your governing documents to determine your rights before you begin work.
Ready to take action against your HOA? Whether you’re facing fines for unauthorized work or your board won’t approve necessary repairs, our team fights to protect your property rights and ensures associations follow Florida law. Visit our office at 145 Almeria Ave., Coral Gables, FL 33134, or call today.
FAQs
Is HOA approval always required for repiping a condo?
Not always. Requirements depend on whether plumbing work affects common elements or shared building systems. If you’re replacing pipes exclusively within your unit boundaries without opening shared walls or connecting to common plumbing stacks, your declaration might not require authorization. However, most repiping projects involve some common element access.
What if my HOA denies my repiping request?
Request specific reasons for the rejection in writing, as associations must provide legitimate grounds related to safety, aesthetics, or structural concerns. Consider modifying your proposal to address the board’s objections. If the denial seems arbitrary, speak with a Florida HOA attorney to review whether the decision was proper under your governing documents and Chapter 718.
Can the HOA require a specific contractor for repiping?
Most Florida associations can mandate that contractors hold proper state licenses and maintain adequate liability insurance. Some HOAs maintain approved vendor lists, but they generally cannot force you to use one specific contractor unless your declaration explicitly grants that authority. The association can reject contractors with poor safety records or inadequate insurance coverage.
Who pays for repiping if it’s due to a leak?
Financial responsibility depends on the leak’s location and cause. If deteriorating pipes within your unit boundaries caused the problem, you typically bear all replacement costs. When a common element pipe fails—such as a main supply line or vertical stack—the HOA generally covers repairs to that common element. Damage caused by your negligence could make you liable even if the pipes themselves were common elements.