If the roof leak was caused by a covered peril then homeowners insurance should cover it.
Hoa roof leak.
Hoa repairs and homeowner repairs are usually differentiated based on whether the damage is to the exterior of the building or the interior.
If the leaks are coming from the outside that would typically be an exterior repair.
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 needs to cover repair of roof damage property damage repairs my indiana hoa association for my condo that has failed to keep up repair on the roof common elements and now i have damage inside my condo on the ceiling.
The hoa has a duty to maintain the roof so that no water infiltration occurs.
Our documents only allow the hoa to clean the roofs annually and allow for no reserve account to replace the roof.
What happens when after roof replacement the roof has leaks into your condo unit damaging the.
The roofing company says we need a new 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.
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 collects dues from each unit owner to pay for maintenance and repairs defined in the by laws.
However the governing documents are often vague and the issue of hoa water damage is more complex.
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.
Hoa or condo association duty.
If the leak and subsequent damage are both in a common area then the association is responsible for the cost of remediation.
Homeowners insurance may or may not cover roof leaks depending on what caused the roof leak.
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.
Our hoa has 31 buildings with 4 6 or 8 townhomes in each building.
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.