In a condominium, the declaration, the bylaws and state law decide who pays for water damage. Under the statutory defaults as usually read, owners maintain pipes serving only their unit and the association maintains shared pipes and common elements. The master policy usually covers the building damage. The deductible falls on the association, the owner of the unit where the leak started or whoever else your documents name.
Key takeaways (the short version)
- Pipe responsibility follows what the pipe serves. By default in DC, in Virginia and in Maryland condominiums created since July 1, 1981, a line serving one unit belongs to that unit and a shared line is a common element. Your declaration can change this. Confirm with counsel.
- Where DC bylaws are silent and owners were told in advance, the owner of the unit where the leak started owes up to $5,000 of the deductible. Maryland's cap is $10,000, and $25,000 from October 1, 2027. In Virginia the declaration decides. By default a Virginia association pays to repair unit damage that starts in the common elements.
- In the first 24 hours the response plan gets the water stopped, drying started, nearby units checked, the scene documented and the carrier notified.
- The claim belongs to the association and goes on the loss runs underwriters read at renewal. The Board decides with its broker whether to claim a small loss.
- A written prevention program covers shutoff valves, leak sensors, replacement cycles, heat in vacant units and a yearly deductible notice.
How does the Board decide who is responsible for a water leak?
The Board starts with the source: where the water came from and what that pipe or fixture serves. Repair duty, insurance and the deductible are separate questions.
By default in all three jurisdictions, the association maintains the common elements and each owner maintains the unit (D.C. Code § 42-1903.07(a)(1), Md. Code, Real Prop. § 11-108.1, Va. Code § 55.1-1955(A)). In Virginia the association also repairs a unit and pays for it when the need arises from a condition originating in or through the common elements.
Under each Condominium Act, a conduit or other fixture that crosses a unit boundary is part of the unit if it serves only that unit. The portion serving more than one unit or any common element is a common element (D.C. Code § 42-1902.06(3), Real Prop. § 11-103(a)(3)(ii), Va. Code § 55.1-1912(3)). In Maryland this default covers condominiums created on or after July 1, 1981.
The statutes do not name water pipes. Your declaration and bylaws can change every default above. Confirm with association counsel how your documents treat supply lines, drains and risers. Our repair-or-replace guide covers shared systems and individual units.
When water comes through a ceiling from the unit above, who does the Board treat as responsible?
The Board looks to the unit above when the leak came from a line or appliance serving only that unit, such as a washer hose, toilet supply line or water heater. A leak from a cracked riser, a shared drain stack or the roof started in the common elements and the association answers for it.
In Maryland, and in DC where the bylaws are silent and owners were told in advance, the upstairs owner pays the deductible up to a statutory cap. The statute text does not ask whether that owner was careless. The owner whose ceiling was damaged is not the default payer. Your documents may change these defaults (see the table below).
Recovery between neighbors for belongings, upgrades or lost use usually starts with each owner's HO-6 carrier. Claims between owners are for the owners and their own counsel.
Does our association's policy cover water damage to other units?
In most DC and Maryland condominium buildings it does, above the deductible, unless the condominium instruments provide otherwise. By default DC requires the association's property policy to include the units in stacked buildings, to the extent reasonably available (§ 42-1903.10(b)-(c)). Maryland requires coverage of the common elements and units in attached and multifamily condominiums (§ 11-114(a)(1)). Maryland documents may vary these rules, including the deductible rule, in some cases (§ 11-142(b)). Confirm with association counsel. In Virginia the instruments "may require" a master casualty policy and the declaration sets the scope (§ 55.1-1963(A)).
In DC and Maryland the association's policy pays before an owner's policy on the same property. Its insurer waives recovery against unit owners and adjusts the claim with the association (D.C. Code § 42-1903.10(e)-(f), Real Prop. § 11-114(c)-(d)). In DC the association itself may keep rights against the owner of the unit where the damage began (§ 42-1903.10(j)(2)). Ask association counsel.
How do the master policy and the owner's HO-6 fit together?
The master policy is the property and liability insurance the association buys for the building and common elements. The HO-6 is the owner's policy for belongings, upgrades and personal liability. It can also pay the owner's share of the deductible and of a loss assessment. Our guide to community association insurance in 2026 covers where one policy stops and the other starts.
DC requires owners to carry an HO-6 with at least $10,000 of dwelling and $300,000 of liability coverage, to the extent reasonably available (§ 42-1903.10(d-1)). Maryland bylaws may require one today (§ 11-114.2). From October 1, 2027, Maryland law will require it in all-residential condominiums other than all-detached ones (§ 11-114.3). Each policy will then need deductible coverage and at least $25,000 each of loss assessment and dwelling coverage. Virginia law sets no HO-6 requirement. Your declaration may still require one.
Who absorbs the master policy deductible in DC, Maryland and Virginia?
When the loss starts in a unit, that owner pays up to a statutory cap in Maryland, and in DC where the bylaws are silent and owners had notice. Common element losses make the deductible a common expense by default. Virginia leaves the allocation to the declaration.
| Condominium in | Loss starts in a unit | Loss starts in the common elements | Owner notice rules |
|---|---|---|---|
| DC | The bylaws must say who pays. If they are silent and owners were told before the loss, the owner of the unit where the cause began is assessed up to $5,000. | Common expense unless the instruments provide otherwise | Written notice to every owner when the policy is bought, changed or ended |
| Maryland | The owner of the unit where the cause began pays up to $10,000. The excess is a common expense. From October 1, 2027: the least of the repair cost, the deductible or $25,000. | Common expense, including events outside the units and common elements such as a storm | Written notice every year of the owner's share and the deductible amount, also in the resale package |
| Virginia | No statute. The declaration decides. Costs caused by an owner's conduct can be charged to that unit only if the instruments expressly allow it. | No deductible statute. By default the association pays for unit repairs caused by a common element condition (§ 55.1-1955(A)). The declaration can change this. | Resale certificates must say the documents may make an owner pay all or part of the deductible (since July 1, 2025). Owners get written notice of any policy change. |
Sources: D.C. Code § 42-1903.10(a) and (j); Real Prop. §§ 11-114(g) and 11-135 and Chapter 717 of 2026; Va. Code §§ 55.1-1955(A), 55.1-1963(C), 55.1-1964(B) and 55.1-2310(A)(14). As of September 2026.
DC bylaws control and must name who pays (§ 42-1903.10(j)(1)). Bill 26-495, introduced in November 2025, would raise the DC cap to $25,000. As of September 2026 the code still sets $5,000. Virginia Boards should review the declaration's insurance and assessment articles with counsel before the next renewal.
What should the Board do in the first 24 hours after a water loss?
Get the water stopped, start drying the same day and write everything down. In a managed building the manager's emergency line usually runs these steps. The Board owns the written plan and any spending vote. The EPA says water-damaged areas should dry within 24 to 48 hours to prevent mold.
- Stop the water. Close the nearest valve that isolates the leak. Leave fire sprinkler valves to the fire department, as Chubb's risk engineers advise.
- Get access. DC and Virginia owners must give the association reasonable access for its repair duties (D.C. Code § 42-1903.07(a)(2), Va. Code § 55.1-1955(A)). In Maryland the association may enter a unit for public safety or to prevent damage to other parts of the condominium. It must make a reasonable effort to give notice unless there is manifest danger (Real Prop. § 11-125(e)). Confirm your entry procedure with counsel.
- Start drying the same day. Call a mitigation contractor without waiting for the claim decision. Standard association policies require reasonable steps to protect the property and a record of what they cost. Confirm with your broker.
- Check above, below and beside. Inspect every unit the water could reach, starting with the units below the source.
- Document before cleanup. Photograph the source and each damaged unit. Record moisture readings, times and who reported the leak. Keep the failed part for the adjuster.
- Notify. Give the carrier prompt notice, usually through your broker, and confirm it reached the carrier. Ask the broker how your carrier records a notice that never becomes a claim. Tell affected owners to call their HO-6 carriers.
- Convene the Board if spending needs a vote. In Virginia an emergency meeting needs only notice reasonable under the circumstances. A contract discussed in executive session still needs an open vote (§ 55.1-1949). DC and Maryland Boards should check their bylaws and meeting rules with counsel.
Put this sequence in the building's response plan with a name and phone number for each step. Our emergency preparedness tips cover the rest of the plan.
When should the Board file an insurance claim for a water loss?
File when the loss is well above the deductible and the recovery outweighs the likely effect at renewal. A repair cost below or near the deductible is usually better handled without a claim. The Board decides on the broker's advice. Confirm with your broker how your carrier weighs small water claims.
The claim belongs to the association. Before deciding, the Board and the broker compare:
- the repair estimate against the deductible
- claims in the last three years, especially water claims
- whether the cause is covered at all
- cash and reserves
- the likely effect on the next premium and deductible
Standard special-form property policies exclude seepage or leakage lasting 14 days or more. They also exclude water leaking from frozen plumbing unless the association did its best to maintain heat, or drained the equipment and shut off the supply. Confirm your policy's terms with your broker.
In DC, any amount an owner owes for the deductible or an uncovered loss, up to $5,000, is assessed against that owner's unit (§ 42-1903.10(j)(2)). Maryland requires the association to promptly repair damaged units and common elements within the required coverage (§ 11-114(g)(1)). Ask counsel whether that duty reaches an unclaimed loss and how such a loss is shared. Record the decision and the reasons in the minutes.
How will a water claim affect our next renewal?
A water claim goes on the association's loss runs, the insurer's report of the claims the association has filed. Underwriters price the next premium and deductible partly on that record. Repeated water claims from one cause read worse than a single loss with a documented fix. Confirm with your broker how your carrier weighs your history.
Before renewal, give the broker loss runs with every claim closed or explained, the cause and fix for each water loss and the prevention program with dates. Our budget season playbook shows how to carry the renewal indication into the budget.
What belongs in our association's program for preventing water damage?
Tagged shutoff valves, leak sensors, replacement cycles, cold-weather steps, owner notices and a capital plan for risers belong in a written program the Board adopts, funds and reviews every year. Ask your broker which items your carrier credits at renewal.
In a September 2025 snap survey by the Foundation for Community Association Research, 51 percent of respondents reported significant plumbing problems in the past five years. Seventy-three percent said their community does not use technology such as drones or connected sensors for inspections or maintenance.
- Valves. Tag every shutoff valve with the area it controls. Train staff and key volunteers once a year to isolate a leak. Keep building water pressure at or below 80 psi.
- Detection. Put leak sensors or automatic shutoff valves in mechanical rooms, riser closets, laundry rooms and beside water heaters.
- Replacement cycles. Chubb recommends replacing appliance supply hoses every 3 to 5 years and water heaters at least every 10 years. Put your cycle in writing and share it with your broker.
- Cold weather. Before November, insulate pipes in unheated spaces and drain exterior lines. Where your documents allow it, require vacant units to stay heated to at least 55°F, the setting the Insurance Institute for Business & Home Safety recommends even when no one is home. Confirm the Board's authority with counsel.
- Owner-side work. In DC the association may replace owner-maintained components with common funds when failure could materially harm the common elements, owners' health or safety, or association finances (§ 42-1903.07(a)(2)). This power applies whatever your condominium instruments say. Maryland and Virginia Boards should ask counsel whether they can require in-unit devices by rule.
- Owner notices. After each renewal, tell owners the deductible, who pays when a loss starts in a unit and the HO-6 coverage to carry. Maryland requires this notice in writing every year. DC's $5,000 default applies only if owners were told before the loss.
- Capital plan. Put risers, main lines and building water heaters in the reserve study. Our guide to top repair challenges covers planning for aging infrastructure.
Frequently asked questions
Who is responsible for a leak in a condo ceiling?
The source decides. If the leak came from a line serving only the unit above, that owner can owe the deductible up to a statutory cap in DC and Maryland. A riser, drain stack or roof leak makes the deductible a common expense there by default. In Virginia the declaration decides.
Is the HOA responsible for water damage from an upstairs condo?
The association's policy usually pays for the building damage above the deductible. If the leak started in a line serving only the upstairs unit, that owner pays up to $10,000 of the deductible in Maryland and the association pays the rest. In DC the cap is $5,000 and applies only if the bylaws are silent and owners were told in advance. In Virginia the declaration decides.
Who is responsible for repair of water pipes in a condo?
By default the owner repairs a line serving only the unit. The association repairs risers, shared drain stacks and other lines serving more than one unit. Your declaration can assign these lines differently. Confirm with association counsel how your documents treat supply lines and risers.
Does condo insurance cover water damage to other units?
The association's policy covers the building above the deductible, including original unit construction by default in most DC and Maryland buildings. HO-6 policies cover belongings and upgrades and can cover each owner's deductible share. In Virginia the declaration sets the scope. Confirm with your broker.
Who files the condo insurance claim when water damages several units?
The association files the building claim on its master policy through its broker. In DC and Maryland the insurer adjusts that claim with the association. Owners claim on their own HO-6 policies for belongings, upgrades and any deductible share their policy covers. Confirm the process with your broker.
Do these rules apply to HOAs and co-ops?
The DC and Maryland deductible rules are Condominium Act rules. They do not apply to HOAs or co-ops. The HOA declaration or the co-op proprietary lease decides.
This article is general information for association Boards and is not legal advice. Your governing documents and association counsel control.
In EJF's Full-Service management, the local team in your market handles after-hours emergencies and Boards are not on call. Remote communities reach EJF through a 24/7 emergency line. EJF Project Management can run the complete insurance claim process with your community manager. EJF Real Estate Services manages more than 650 HOA and condominium communities across Washington DC, Maryland and Virginia. If your Board wants its deductible notice, response plan and prevention program in place before the next renewal, request a proposal at ejfrealestate.com/request-proposal or call 202-537-1801.
