Get 2 months of free community web site hosting from Community123.com!
Friday, April 28, 2017
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Is HOA responsible for leaking roof
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
StevenL11


Posts:3


04/17/2017 1:12 PM  
We are a small self-managed Home Association. Top unit has the full access to the roof and the right to use the roof exclusively. Other units only have limited access to a small common area on the roof where AC units sit. Due to recent rains, the owner of the top unit reported leaking from the roof. I wonder if the HOA is responsible for the repair. Or HOA is only responsible for the repair of the common area?
StevenL11


Posts:3


04/17/2017 1:34 PM  
More details about our building. There is only one unit per floor. Top unit owners can access the roof top from their unit. They have exclusive right to access/use the roof top except for the small common area.
AugustinD


Posts:344


04/17/2017 1:46 PM  
Check your Declaration for the definition of what is a 'common area' (or 'common element' or similar). Your question is important, since a leaking roof can affect not just the unit right beneath it but other units further down. I would be interested in what you find, if you care to share.
JohnC46
(South Carolina)

Posts:6437


04/18/2017 3:31 AM  
My initial blush is the roof is a common element to all units thus the HOA's responsibility.
MarkM31
(Washington)

Posts:151


04/18/2017 7:50 AM  
Posted By JohnC46 on 04/18/2017 3:31 AM
My initial blush is the roof is a common element to all units thus the HOA's responsibility.



Yup
SheliaH
(Indiana)

Posts:1692


04/18/2017 8:48 AM  
I agree the HOA likely has some responsibility, but it seems to me the homeowner also shares in that because he/she has exclusive rights to it. Check your documents to be sure. I would also think having rooftop access no one else does makes their unit more valuable - and therefore, they should pay a higher assessment to reflect that (how much higher may be in the documents, so keep reading).

When was the last time the roof was repaired or replaced? It may be old age has made replacement necessary, so I hope you have a reserve fund to cover things like this. If so, have you funded it according to the recommendations in your reserve study? Do you even have a reserve study and if so, when was the last time it was updated (should happen every 3-5 years).

And what are the owners doing with the space? If, for example, they have a rooftop garden, those have to be set up properly to ensure the weight of the plants, dirt, etc. is enough for the roof to handle. If that wasn't done or they have tons of stuff up there, that may be causing the leaking - and in my opinion, THAT would make them at least partially responsible for repairs.
StevenL11


Posts:3


04/18/2017 9:13 AM  
Posted By SheliaH on 04/18/2017 8:48 AM
I agree the HOA likely has some responsibility, but it seems to me the homeowner also shares in that because he/she has exclusive rights to it. Check your documents to be sure. I would also think having rooftop access no one else does makes their unit more valuable - and therefore, they should pay a higher assessment to reflect that (how much higher may be in the documents, so keep reading).

When was the last time the roof was repaired or replaced? It may be old age has made replacement necessary, so I hope you have a reserve fund to cover things like this. If so, have you funded it according to the recommendations in your reserve study? Do you even have a reserve study and if so, when was the last time it was updated (should happen every 3-5 years).

And what are the owners doing with the space? If, for example, they have a rooftop garden, those have to be set up properly to ensure the weight of the plants, dirt, etc. is enough for the roof to handle. If that wasn't done or they have tons of stuff up there, that may be causing the leaking - and in my opinion, THAT would make them at least partially responsible for repairs.




The roof had small repairs before. The previous owner of the top floor filed insurance claim through HOA before. I am not sure what it was for. But for the most part, knowing he has the exclusive right to the rooftop, the previous owner paid for the small repairs out of his own pocket. Neither previous or current owner has built any structures on the roof top. It is still pretty 'bare'.
MarkM31
(Washington)

Posts:151


04/18/2017 10:51 AM  
Posted By StevenL11 on 04/18/2017 9:13 AM
............. knowing he has the exclusive right to the rooftop, the previous owner paid for the small repairs out of his own pocket. Neither previous or current owner has built any structures on the roof top. It is still pretty 'bare'.




That the previous owner paid for repairs has nothing to do with nothing. It all depends on what the CC&Rs say. And as you describe it, it is likely what is often refered to as a "exclusive use common area" or something similar. Decls are often viewed the same, they are part of the building envelope, and the building is responsible for the deck. But only the owner of the unit has anything other than maintainence access.
MarkM31
(Washington)

Posts:151


04/18/2017 10:58 AM  
Posted By MarkM31 on 04/18/2017 10:51 AM
. Decks are often viewed the same, they are part of the building envelope, and the building is responsible for the deck. But only the owner of the unit has anything other than maintainence access.




Correction made
PitA
(South Carolina)

Posts:1099


04/18/2017 11:15 AM  
Or HOA is only responsible for the repair of the common area?


The roof IS a common area as it serves more than one unit.

Exclusive accessibility has no bearing on the issue.

1000000 x 1 it is the HOA's responsibility.
MarkM31
(Washington)

Posts:151


04/18/2017 11:27 AM  
Even walls inside condo's can be common areas
JanetB2
(Colorado)

Posts:2665


04/18/2017 11:09 PM  
Posted By PitA on 04/18/2017 11:15 AM
Or HOA is only responsible for the repair of the common area?


The roof IS a common area as it serves more than one unit.

Exclusive accessibility has no bearing on the issue.

1000000 x 1 it is the HOA's responsibility.


Seems per OP initial question the area is potentially Limited Common Area only serving units proportionally. One unit has a section and all others have another section. Per the OP the unit having a personal section paid for past repairs out of their pocket; therefore, depending on where leak is located and governing documents would determine who is responsible. Potentially the HOA needs to fix the leak and where located is potentially the owners who utilized pay.
KieranD1
(Oklahoma)

Posts:8


04/19/2017 1:21 AM  
A family member's friend owned a 1 bedroom condo. They had a special assessment one year for $7000 for roof repairs. It sounds like something like this may be necessary but the repairs may be minor or major? If one part of the roof is leaking it probably needs the whole roof inspected if it hasn't been done recently to insure further problems don't get out of hand.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Is HOA responsible for leaking roof



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement