Roof Repairs in Limited Common Element

Started by PhilP • 3 replies • 2926 views

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PhilP (South Carolina)
Posts: 1

Posted:

We have had a roof leak which is in our roof deck for over seven months. The previous board in June repaired the situation unsuccessfully. I sent notices to the board to cure before our ceiling incurred damages. A new board was elected in August. The Board was soliciting contractors to repair the work. On Oct 5, 2005 we sustained a heavy windy rain which caused leaks on our ceiling, the same day the new board (no coincidence) sent out a letter stating the HOA wasn't responsible for any of the Limited Common Elements. We also have a roof leak in the roof over our living room that caused damage. New notices were sent to the board, the insurance claim was denied, which the board submitted, stating the roof was caused by negligence and not the storm. We discussed the matter with two attorneys, the attorneys stated the association is responsible for structural in a limited common element, SC Horizontal Property Act, this is our roof and also to the unit underneath us. The lawyers wouldn't represent us due to a Conflict of interest. We are also asking for damages, our insurance refuses to pay, because it is an Associations responsibility since the work was requested and the Board placed on notice in July. The board has been non-responsive and cannot interpret our By-laws. We found an attorney that would represent us, he sent out a letter last week stating this is the outside envelope of the building and the HOA is responsible for the roof and damages incurred. The Board is still arguing with us to repair it. This should be a no-brainer. We have a proposal from a contractor stating it needs hydro stop applied which is a roof substance to keep moisture out like a shingle. Court will be expensive, can anyone else help me out. The board does not understand common elements/limited common elements. Thanks

RogerB (Colorado)
Posts: 5,067

Posted:

Get an attorny who does not have a conflict of interest. If their opinion supports your belief then have them send letters to the HOA board and the HOA insurance company. A attorney knowledgeable in condominium HOAs will know how to proceed.

Good luck,
Roger

JasonC (California)
Posts: 22

Posted:

Which state? Is there something in the CCR which specifically addresses the roof?

JasonC (California)
Posts: 22

Posted:

In this fight, ties will probably go to the Board. You may have to consider shelling out money to an attorney and to the roofing contractors for repairs. That's the worse case scenario but don't go out without a fight you might find a hiccup which would be in your favor. I am sure you can find an attorney that will gladly take your money but they won't do the kind of leg work you can do yourself(without shelling out a lot of money). You stated that the previous board did some work on your roof. This is where you start. You have to find the reason they agreed to this. Get it in writing. This is very powerful. Once you have this, go to the existing board and ask why they changed their mind on the issue. If they state negligence, what negligence? Ask them to put it in writing. You have to establish a paper trail. Ask them to point out sections in the CCR which justify their decision. This will give you and your attorney insight on what specifics to fight. In essence, you will know their case but they won't know yours and on what grounds you will challenge them. If you can, go to mediation. Get more info from them. If you can prove that the limited common element, is in fact, a common element the ball could swing to your side.

I can write you a large letter of what-to-do's but start here and keep us informed. You can help a lot of people.

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