Condo Water Leak in Hawaii: Who Is Responsible, the Owner or the Association?

Short answer: in a Hawaii condo, the pipe that leaked and your association's declaration and bylaws decide who fixes it and who pays. By default, Hawaii law makes each owner responsible for their own unit and the association responsible for the common elements, such as shared risers. The association is not automatically liable for damage a common pipe causes inside your unit; that generally depends on fault. The association's insurance deductible can be charged to the unit where the leak started, after notice and a hearing. Stop the water, tell your building manager, and document everything.

Last updated October 25, 2026. We are an independent plumbing referral service, not lawyers, insurers or a plumbing contractor. This is general information drawn from Hawaii's condominium law (HRS chapter 514B) and state Real Estate Commission publications listed at the bottom. It is not legal advice. Your declaration, bylaws, house rules and insurance policies control your situation.

First 30 minutes: stop the water and start the paper trail

Stop or slow the water if it is safe. Close the valve under the sink or behind the toilet, the washer valves, or your unit's shut-off if you have one (often near the water heater, in a utility closet or at the entry to the unit). Our shut-off valve guide explains valve types.
Call the resident manager, security desk or managing agent right away. If the water is coming from above, they can get into the unit above or shut off the affected stack. Hawaii law gives the board an irrevocable right to enter any unit at any time for emergency repairs that prevent damage to the common elements or other units (HRS 514B-137(b)).
Take dated photos and video of the water, the ceiling or wall, and anything damaged, before cleanup.
Notify both insurers. The state's condo insurance brochure says to mitigate further damage, then notify the association through its board, managing agent or site manager, and notify the insurers for both the unit and the association. One Oahu association's posted leak guidelines warn that repairs done before the insurer was notified led to a denied claim.
Get the source documented. Ask the plumber for a written note or invoice that states where the leak came from (which fixture or pipe, in which unit, and whether it serves one unit or several). That single line often decides who pays.

Whose pipe is it? Hawaii's default rules

Hawaii's condominium law sets default rules that apply unless your declaration says otherwise. Many declarations do say otherwise, so treat this table as a starting point and check your documents.

Where the leak is	Default classification under HRS 514B	Who usually repairs it
Fixtures and pipes inside your unit's boundaries (faucets, toilet, supply lines, dishwasher and washer hoses)	Part of the unit (514B-35(3))	You, the owner (514B-137(a))
A pipe partly inside and partly outside your unit that serves only your unit	Limited common element appurtenant to your unit (514B-35(2))	Costs are charged to the unit it serves unless the declaration, bylaws or a board resolution say otherwise (514B-41)
A pipe that serves more than one unit or common areas (risers, stacks, main drain lines)	Common element (514B-35(2))	The association
Finished surfaces: drywall, paint, tile, finished flooring	Part of the unit when walls, floors or ceilings are the unit boundaries (514B-35(1))	Depends on cause and insurance; the association does not have to pay to remove or replace finished surfaces that block its access to common elements (514B-137(a))
Water heater, appliances or fixtures you or a past owner installed	"Improvements and betterments" for insurance purposes (514B-143(b))	You; the association's policy need not cover them

Who pays for the damage?

Repairing the pipe is not the same as paying for the damage. A Hawaii Real Estate Commission condominium bulletin explains that when a common element leaks into your unit, the association must repair the common element, but it is "not automatically liable" for the damage inside your unit. Generally the association must be at fault, for example negligent. The same bulletin says owners' liability is also usually based on fault, though governing documents sometimes make owners responsible for damage caused by them or their tenants.
The association's policy. For buildings with attached units, HRS 514B-143 requires the association's property insurance, to the extent reasonably available, to include the units, limited common elements and common elements. It need not cover owner-installed improvements and betterments.
The deductible. Under HRS 514B-143(d), the board may (1) pay the deductible as a common expense, (2) after notice and an opportunity for a hearing, charge it to the owners who caused the damage or from whose units it originated, or (3) require the owners of the damaged units to pay it. Association deductibles can be large: one Hawaii association's published water-claim policy lists a $25,000 deductible, and a sample policy posted on hawaiicouncil.org uses $50,000. Ask your managing agent for your building's number and written deductible policy.
Small claims under the deductible. If damage is less than the deductible, the association's policy pays nothing. Both published policies above say the owner from whose unit the leak started pays in that case, under those associations' rules.

Your HO6 policy: what to check now, not after the leak

The state's condo insurance brochure says an HO6 policy basically covers alterations, fixtures, improvements and personal property, and sometimes loss of use. Renters need their own HO4 policy, according to a state condominium bulletin.
Loss assessment coverage. One Hawaii association's policy encourages owners to carry loss assessment coverage with limits high enough to cover the association's deductible. Compare your limit with your building's deductible.
With a majority vote or written consent of owners, the board may require owners to carry reasonable types and levels of insurance, and can buy it and charge you if you do not (HRS 514B-143(g)).
For coverage questions, the state's brochure points owners to insurance professionals or the DCCA Insurance Division at (808) 586-2790.

Prevent the leak that becomes a two-unit claim

Most of what you control is inside your unit. 535 Plumbing, an Oahu plumbing company that offers condo in-unit inspections, names flexible supply lines to the toilet, sink, washing machine and water heater as the most common sources of catastrophic unit flooding, and checks angle-stop valves, toilet seals and drain connections.

Know where your unit's shut-off and each fixture valve is, and make sure they turn.
Replace old or bulging supply lines and washer hoses.
Test toilets for silent leaks with a few drops of food coloring in the tank.
Watch an older water heater. If you replace it, ask about a permit and rebates; see our permit guide and water heater cost guide. Honolulu's instant online permits for multi-family buildings cover only limited fixture work, so larger condo plumbing jobs may need a regular permit.
Read your house rules before plumbing work. Some buildings require notice, a licensed contractor and proof of insurance before the building water can be shut off.
When you leave for an extended trip, ask management whether your unit can be shut off. Some buildings have rules on this.

If you disagree with the association

Ask for the documents. Request the declaration and bylaws sections on maintenance and insurance, the board's deductible policy, and the plumber's report on the source.
Mediation. HRS 514B-161 makes mediation mandatory, on written request, for disputes about interpreting or enforcing the declaration, bylaws or house rules. The state's FAQ notes it is not mandatory for insurance matters or threatened property damage. Subsidized mediation is available if your association has a current registration with the Real Estate Commission. Providers listed by the Commission include the Mediation Center of the Pacific, Honolulu, (808) 521-6767; Ku'ikahi Mediation Center, Hilo, (808) 935-7844; and Dispute Prevention and Resolution, Honolulu, (808) 523-1234 (evaluative mediation).
Questions about condo law: the DCCA condominium hotline is 1-844-808-3222, extension 1 then 8.
For a legal opinion on your situation, talk to a Hawaii attorney.

Questions to ask your managing agent

Does our declaration define the unit boundaries and say who maintains pipes inside the walls?
What is the master policy deductible for water damage, and what is the board's written deductible policy?
Where are the shut-offs for my unit and my stack, and who is allowed to close them?
What notice, contractor license and insurance do you require before plumbing work?
Does the association have a preferred plumber that knows the building's risers?

Need a plumber to find the source?

We can work to connect you with an independent, licensed local plumber who can trace the leak and put the source in writing. Call (808) 772-0705 or use the form below. Always check the plumber's license before work starts.

Frequently asked questions

Who is responsible for a water leak in a Hawaii condo?

It depends on where the leak started and on your association's declaration and bylaws. Under Hawaii's condominium law (HRS 514B-137), unless the governing documents say otherwise, the association is responsible for operating the property and each owner maintains, repairs and replaces their own unit. A leak from a pipe that serves only your unit is usually yours to fix; a leak from a shared pipe such as a riser is usually the association's to fix.

Is the association liable for damage to my unit from a common pipe?

Not automatically. A Hawaii Real Estate Commission condominium bulletin explains that the association must repair the common element that caused the leak, but it is generally liable for the resulting damage inside your unit only if it was at fault, for example negligent. Your declaration, bylaws and the association's insurance policy can change how that works in practice.

Who pays the association's insurance deductible after a leak?

Hawaii law (HRS 514B-143(d)) lets the board choose: pay the deductible as a common expense; after notice and an opportunity for a hearing, charge it to the owner who caused the damage or from whose unit it originated; or require the owners of the damaged units to pay it. Some Hawaii associations publish a written deductible policy. Published examples include a $25,000 deductible and a $50,000 deductible, so ask your managing agent for yours.

Does the association's insurance cover my upgrades or my water heater?

Not necessarily. HRS 514B-143 says the association's policy need not cover "improvements and betterments" installed by owners, which the law defines to include fixtures, appliances, air conditioning and water heaters installed by owners. The state's condo insurance brochure says an owner's HO6 policy basically covers alterations, fixtures, improvements and personal property, and sometimes loss of use.

What should I do first if water is coming through my condo ceiling?

Stop or limit the water if you safely can, tell the resident manager or managing agent right away so they can find the source and shut off the affected stack if needed, take dated photos, and notify both your own insurer and the association. The state's condo insurance brochure lists those steps. Do not start repairs before the insurers have been told.

Can the association enter my unit to stop a leak?

Yes. HRS 514B-137(b) gives the association an irrevocable right, exercised by the board, to enter any unit at any time as needed for emergency repairs to prevent damage to the common elements or to other units.

Can I use condo mediation for a leak dispute?

Often, yes, if your association is registered with the Real Estate Commission and the dispute is about interpreting or enforcing the declaration, bylaws or house rules. The state's FAQ notes that mediation is not mandatory for insurance matters or threatened property damage. Subsidized mediation providers include the Mediation Center of the Pacific (808) 521-6767 on Oahu and Ku'ikahi Mediation Center (808) 935-7844 in Hilo.

Sources

HRS 514B-137: Upkeep of condominium (association operates the property; each owner maintains, repairs and replaces the unit, unless the declaration or bylaws say otherwise; access through units; board's emergency access right)
HRS 514B-35: Unit boundaries (default rules for finished surfaces and for pipes or conduits that cross unit boundaries)
HRS 514B-41: Common profits and expenses (limited common element costs charged to the unit or units they serve, unless the declaration, bylaws or a board resolution provide otherwise)
HRS 514B-143: Insurance (association property insurance; "improvements and betterments" including owner-installed water heaters; three ways a board may handle the deductible; owner insurance requirements)
Hawaii Condominium Bulletin, April 2012 (DCCA Real Estate Commission, PDF) (association is not automatically liable for damage caused by a common element leak; liability generally depends on fault)
DCCA Real Estate Branch: Condominium Insurance Basics (May 2020, PDF) (HO6 coverage; what to do after damage; condo hotline; DCCA Insurance Division)
Hawaii Condominium Bulletin CB2203 (PDF) (master policy vs HO6; governing documents decide; tenants need HO4; recent water-leak mediations)
DCCA Real Estate Branch: Condominium governance FAQs (subsidized mediation eligibility; mediation not mandatory for threatened property damage or insurance matters under HRS 514B-161(c))
Real Estate Commission: Mediation of condominium disputes (brochure, rev. 12/2025, PDF) (eligible issues and subsidized mediation providers)
Wavecrest AOAO: Insurance guidelines for water damage claims (PDF) (example association policy: $25,000 deductible; who pays it by source of leak; notice and hearing; loss assessment coverage)
Sample association insurance claims policy (hawaiicouncil.org, PDF) (example $50,000 deductible charged to the unit where damage originated)
Makaha Surfside: Water leak guidelines (example house rules: response times, stack shut-offs, inspection holes, notify insurance before repairs)
535 Plumbing: In-unit plumbing inspections for condos (supply lines, angle stops, toilets and washer hoses as common leak sources)

Call (808) 772-0705