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By-Laws

Started by SteveC4 • 8 replies • 1512 views

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SteveC4 (Florida)
Posts: 154
Posted:


Hello: IM in Floirda and IM a bit confuse about our by-laws.....we live in Florida and theres 28 townhomes.......need advise if Roof replacement is covered or not?

Our by -laws states: Exterior building maintence: the association shall provide exterior building maintence upon each lot which is subjest to the assessment hereunder, as follows painting and related miscellaneous repairs of exterior surfaces and exterior roof maintenance, including gutters and downspouts , as necassary to prevent leaks and deterioration, the association shall not be responsible for major structural roof repairs, (excludingglass surfaces and exterior doors)
BradP (Kansas)
Posts: 2,640
Posted:
Steve:

hmmm...i would say it depends on whether your roof replacement is maintenance because the shingles are at the end of their useful life or if it is due to another cause. I could argue the storm or other damage is a structural repair and not maintenance...
TimB4 (Tennessee)
Posts: 21,046
Posted:
Steve,

I would say that the shingles, tar paper and ice guard (if used) should be covered by the Association. The plywood, rafters, ridge, any vents or attic fans should be the responsibility of the owner.

This can make it very difficult to decide who must pay if there are issues. As an example, you might have a leak due to rotten plywood. However, you don't discover the rotten plywood until you remove shingles, etc. Since the shingles were not the cause of the problem, one could argue that the owner would be 100% responsible.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The HOA covers itself by using the word "maintenance."

That does not equal replace/repair of the roof structure.

The best you would probably get out of the HOA is a cleaning of the gutters and downspouts.

Shingles last about 15 - 20 years unless you get those lifetime ones installed. Find out about yours.

TimB4 (Tennessee)
Posts: 21,046
Posted:
Susan,

Maintenance can be preventative or corrective.

PetunkaM (Florida)
Posts: 1,009
Posted:
Steve,

it really does not matter what your By-laws state. In fact, I think you MUST know what your Covenants state and what your ‘legal' ownership is’. Once you know that, you can dig into maintenance and insurance issues. Complicated? You bet.
PetunkaM (Florida)
Posts: 1,009
Posted:
Steve,

it really does not matter what your By-laws state. In fact, I think you MUST know what your Covenants state and what your ‘legal' ownership is’. Once you know that, you can dig into maintenance and insurance issues. Complicated? You bet.
SteveC4 (Florida)
Posts: 154
Posted:
How do I find out what my legal ownership is?
TimB4 (Tennessee)
Posts: 21,046
Posted:
Read your deed.
Read your CC&Rs.

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