Hoa Roof Leak

If the leak and subsequent damage are both in a common area then the association is responsible for the cost of remediation.

Hoa roof leak. Hoa or condo association duty. Our hoa has 31 buildings with 4 6 or 8 townhomes in each building. The hoa collects dues from each unit owner to pay for maintenance and repairs defined in the by laws. In some states there are specific laws deciding who is responsible.

Most leaks occur because of ordinary wear and tear to the roof the exterior walls or a. However the governing documents are often vague and the issue of hoa water damage is more complex. As annoying as the original leak is it is often the clean up and repair that create the lingering problem. The community is 18 years old and many of us are having repeated leaks to repair.

If the leaks are coming from the outside that would typically be an exterior repair. 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. What happens when after roof replacement the roof has leaks into your condo unit damaging the. 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 repairs and homeowner repairs are usually differentiated based on whether the damage is to the exterior of the building or the interior. The hoa has a duty to maintain the roof so that no water infiltration occurs. Homeowners insurance may or may not cover roof leaks depending on what caused the 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 roof leak was caused by a covered peril then homeowners insurance should cover it. Water damage often starts on the exterior and works its way inward. The starting point to determine responsibility for water leaks is to determine the cause of the leak. The roofing company says we need a new roof.

Ultimately though there is going to be a negotiation between insurance companies. 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.