There are some perks to owning a house or condo within an HOA. All the relevant regulations and bylaws are a great way to protect or even enhance the value of your home. There can also be some negative aspects of living there depending on the HOA rules in place. This includes having to install certain types of appliances and equipment.
Some HOAs have regulations requiring all homeowners to replace their water heaters according to specific criteria. In this article, we’ll look at what you should know when it comes to replacing your water heater within an HOA.
Can an HOA Force You to Replace Your Water Heater?
If you own a condo with an HOA, there’s a chance that the association can require you to replace your water heater as soon as it reaches a certain age, such as after 6 to 10 years. However, they can only legally do so if this requirement is expressly stipulated in the association’s rules and regulations. The reason this type of requirement is allowed is that it’s considered a general need that is necessary for protecting and preventing potential damage to the surrounding properties and the residence.
Once a water heater reaches a certain age, there is a substantial risk of it starting to leak because of the tank rusting. The main concern is that a rusty tank can end up bursting at some point, resulting in extensive flooding that could damage your residence or property nearby. Some associations require all owners to schedule an annual water heater inspection and maintenance service. Annual maintenance reduces the chances of the water heater leaking, while the inspection allows a plumber to determine if the unit is at risk of developing a leak.
If you had a relatively new water heater that suddenly sprung a leak, HOA insurance would normally consider it a “casualty” event. This means it’s something that no one could have anticipated. The insurance would likely have to pay to repair any water damage that occurred. If your water heater leaks because you waited too long to replace it, you would likely be held responsible for the cost of all the repairs. Nonetheless, this type of issue is still something the association wants to avoid due to the negative impact it would have on the other property owners.
If you own a detached home in an HOA, there’s a much lower chance that they can force you to replace your water heater. Even if there is a stipulation in the regulations that says you must do so, a court would be more likely to rule that the regulation isn’t enforceable. That’s simply because only your own home would get damaged if your water heater were to leak or burst. Nonetheless, you would need to consult with an attorney in this type of situation.
Do You Need a Permit to Replace a Water Heater in Florida?
Florida statutes typically require that you get a permit before you can legally replace a water heater. In some cases, you’ll have to get everything inspected by the city or county once the installation is complete.
If your property is part of an HOA, you’ll also often be required to notify them of your plans to replace your water heater and get their approval before you can proceed. In this case, you may need to show proof of the necessary permit before they give you approval.
In some cases, an HOA may dictate which plumbing service you hire for the replacement. This isn’t allowed in all places, but Florida does allow it as long as the requirement is written in the association’s governing documents. Even if the regulations don’t stipulate that you hire a specific contractor, they may state that you must hire a licensed plumbing contractor.
Can an HOA Dictate What Type of Water Heater You Install?
This question is more of a gray area and can depend in large part on whether you own an actual house in an HOA or a townhome/condo. If you own a home, the law generally states that any of the HOA’s covenants and regulations can’t be too restrictive. The HOA could dictate where your water heater can and can’t be installed. For instance, they could say it can’t be outside or that it’s fully hidden from view if outside. They could also potentially say that the exhaust pipe for a gas water heater can only be in a specific place.
If you live in a condo or townhome, your HOA may be legally allowed to get away with rules that are slightly more restrictive if they constitute a legitimate business interest. For instance, they may only allow you to install a tankless water heater since there is a much smaller chance of it leaking and causing massive flooding issues. You could also be prohibited from installing an electric tankless water heater in a shared building due to the strain its high energy demand would put on the entire building’s electrical system.
How to Tell if You Should Replace Your Water Heater
Even if your HOA doesn’t have any rules regarding when you must replace your water heater, you should make sure you never wait too long before doing so. With a traditional water heater, the concern is that the tank will end up rusting through and leaking. Once the water heater reaches 10 to 12 years, the risk of it leaking increases exponentially.
Another concern with a traditional or tankless water heater is that it can eventually stop working effectively and/or have a decrease in efficiency that causes it to use much more energy. That’s why you should watch out for things such as if it takes much longer for your water to get hot or if your water heater starts running more than usual. Some HOAs may share water expenses or other utilities. If your unit is using more water than is efficient, this can cause everyone’s utility fees to rise. HOAs tend to try and avoid this scenario.
Something to watch for with a traditional water heater is if the hot water coming from your fixtures is a reddish or brownish color. This indicates the tank is significantly rusted and at a high risk of leaking. You should schedule an appointment with our team before further issues arise, and you are responsible for incurred fees or emergency repairs.
If you’re searching for an experienced professional to replace the water heater in your Southwest Florida home, Plumbing & Cooling Nerds is who you should turn to. We have locations in Cape Coral, Naples, Bonita Springs, and Fort Myers and serve all the surrounding communities as well. With years of experience, you can trust our plumbing services team to effectively manage your entire plumbing, drain, and sewer system as well as your HVAC system.
To schedule a service appointment or get help with choosing a new water heater for your home, contact Plumbing & Cooling Nerds in Southwest Florida today.
