People often get mixed up on hoa and condo regime issues and this issue normally applies in a condo regime says jeff vinzani an attorney in charleston s c who represents associations.
Hoa roof leak.
Our documents only allow the hoa to clean the roofs annually and allow for no reserve account to replace the roof.
If the damage occurred due to problems with the roof you can hold the hoa responsible for paying to repair any damage caused by the roof leak as well as compensating you for any expenses you have incurred due to the damage.
Our hoa has 31 buildings with 4 6 or 8 townhomes in each building.
Typically condo associations require unit owners to maintain a homeowner s insurance policy that is designed to protect the owner in case of damage and the association in case of unintentional damage caused by a failed common element in your case the roof.
The hoa has a duty to maintain the roof so that no water infiltration occurs.
However the governing documents are often vague and the issue of hoa water damage is more complex.
Insurance tends to not cover roof leaks if the leak is due to an older roof neglected or poorly maintained roof or something the homeowner did to damage the roof.
The roofing company says we need a new roof.
If the roof leak was caused by a covered peril then homeowners insurance should cover it.
The starting point to determine responsibility for water leaks is to determine the cause of the leak.
Ultimately though there is going to be a negotiation between insurance companies.
Water damage often starts on the exterior and works its way inward.
As annoying as the original leak is it is often the clean up and repair that create the lingering problem.
Most leaks occur because of ordinary wear and tear to the roof the exterior walls or a.
In some states there are specific laws deciding who is responsible.
If the leaks are coming from the outside that would typically be an exterior repair.
Hoa repairs and homeowner repairs are usually differentiated based on whether the damage is to the exterior of the building or the interior.
What happens when after roof replacement the roof has leaks into your condo unit damaging the.
The hoa collects dues from each unit owner to pay for maintenance and repairs defined in the by laws.
Hoa or condo association duty.
Homeowners insurance may or may not cover roof leaks depending on what caused the roof leak.
If the leak and subsequent damage are both in a common area then the association is responsible for the cost of remediation.
