Who is responsible for repairing a leaking condo fire sprinkler pipe?

Do you live in a condominium, co-op, or homeowners association community and have questions about what the association can or cannot do? Ryan Poliakoff, a Boca Raton attorney and author, offers guidance.

Question: I recently found a water leak in the fire sprinkler in my condominium. The leak came from a defective pipe fitting. My association told me I am responsible for fixing it. Its position is that the fire sprinkler and piping are not common elements of the condominium, so the association is not responsible. The governing documents do not mention the fire sprinkler system specifically. But they do say that utilities are common elements and that the association must maintain them. I would appreciate your thoughts on this. Signed, N.G.

Dear N.G.,

This is a matter that will depend entirely on the wording of your declaration of condominium. I cannot determine the answer without reviewing the full document, but I can point you toward the key provisions to examine. Start with the section that defines the boundaries of the unit and the meaning of “common elements.” In most condominiums, the unit boundaries are the unfinished interior surfaces of the perimeter walls, ceiling, and floor. In other words, the paint and flooring inward belong to the unit, while the drywall, ceiling, and concrete floor at the perimeter are common elements. That said, there are exceptions, so the exact language needs to be checked.

After that, review the section that divides maintenance responsibilities between the association and the unit owner. The usual setup is that the association maintains the common elements, while the owner handles everything inside the unit. But there are exceptions. For instance, an association may still be responsible for structural walls even if they fall within the unit boundaries.

Plumbing and utility lines are often addressed separately. In some declarations, there is specific language about “utilities,” as in your documents. In others, the documents simply assign responsibility for all pipes in a certain area to the association.

It is also common for a declaration to distinguish between pipes that serve only one unit and pipes that serve multiple units or the entire building. This can be a complicated question, and you may want an attorney to review the sprinkler pipe in your unit and give you an opinion. Based on your description, the pipe is likely inside a wall. If it is within a perimeter wall, I would expect it to be outside your unit and therefore a common element. If it is inside an interior wall, the issue becomes less clear because it is part of the unit and may serve only your own sprinklers. In that situation, it may well be your responsibility.

That said, I am generally reluctant to advise condominium clients to let owners handle any part of a building’s fire sprinkler system, even when the declaration is unclear. Fire sprinkler systems are a life-safety issue. Work on one pipe can affect the entire system. If a repair fails, it could flood your unit with high-pressure water, damage the units below, and disable the entire sprinkler system. That could even force the building into fire watch.

For that reason, unless the documents make the owner’s responsibility unmistakably clear, I usually think the association should handle sprinkler repairs itself, even if there is an argument that the owner could be responsible.

Question: Our condominium recently voted to revise the bylaws and declaration so they would conform to current law and conditions. I noticed that some unit designations in the amended document were changed from their old identification to a different format. My understanding is that unit designations are not just for internal use but are also used by taxing and property authorities. If the designations are changed in the documents, they no longer match the identities used by those authorities. I believe this redesignation was done incorrectly and should be returned to the original identifications established when the condominium was created. Signed, J.R.

Dear J.R.,

I have seen several condominiums where unit designations were changed by amendment, and it never appeared to affect property appraiser records. My guess is that the property appraiser relies mainly on the folio number, which is part of the legal description in every deed and does not change. So even if the unit description changes, the folio assigned to that unit remains the same.

I do not know whether the property appraiser will eventually update its records to match the new unit designations, or whether that matters, but I doubt your situation is as serious as you fear. The main issue is likely confusion when people refer to a unit by both its old and new designation, forcing everyone to keep straight which unit is being discussed.

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 [email protected]. Please be sure to include your location.