LEAK FROM ROOF

Started by KimS4 • 8 replies • 1803 views

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KimS4 (Alabama)
Posts: 4

Posted:

I have a leak in my roof and as a result has cause a wet spot in my ceiling. Previously, the roof leak was repaired and so was the ceiling. However, this time the HOA has stated they will pay for repairs to the roof but the interior is my responsibility. I do not think that is right for two reasons: They repaired the roof and the ceiling before and the roof is the cause for the damage to my ceiling. I have stated to the HOA that I will deduct the cost to repair my ceiling from the HOA dues. Can I do that and if I do can they terminate my membership? I would appreciate any other advice. Thanks

GeraldT4
Posts: 1,022

Posted:

KimS4 - Absolutely do NOT deduct the cost of the ceiling repair from your maintenance. Pay your maintenance in full. The responsibilities of the HOA to fund damage that occurs from an event should be spelled out in your HOA's, or COA's insurance policy. Usually there is a deductible of which the unit owner is responsible to pay. Anything over that is the responsibility of the HOA/COA to cover. Pay your maintenance in full, request a copy of the ENTIRE insurance policy, and discuss and resolve this amicably with your HOA/COA. Good luck.

KimS4 (Alabama)
Posts: 4

Posted:

Thanks

GeraldT4
Posts: 1,022

Posted:

: ) NP (no problem). My concern is that you will wind up in an adversarial relationship with your HOA/COA.

KirkW1 (Texas)
Posts: 1,665

Posted:

As a note, the method of terminating your membership is to foreclose on your unit. Withholding fees from the HOA never ends well for the owner. Legal fees quickly turn a small bill into a large one. The HOA will place a lien on your home and the foreclose on it. This may (or may not) take awhile, but it never goes well for you.

KimS4 (Alabama)
Posts: 4

Posted:

Does anyone have advice on how I should handle the repair to my ceiling? Should I insist that the HOA pay for
repair?

KimS4 (Alabama)
Posts: 4

Posted:

Does anyone have advice on how I should handle the repair to my ceiling? Should I insist that the HOA pay for
repair?

PatrickH (California)
Posts: 204

Posted:

Hi Kim,

Did the Board give you any explanation as to why they paid for the ceiling repair the first time but don't want to pay for it again?

I'm wondering if perhaps the first time it was covered by the HOAs insurance policy and now it's not, so now the repair costs this time would have to come out of the other HOA members pockets.

Speak with your Board and find out why the first ceiling repair was paid for and why this one wouldn't be. Maybe a change in the insurance policy forced the HOA to change what repairs would be paid for.

And of course, ALWAYS pay your dues! No better way to get sucked into a legal nightmare than by not paying your dues.

BonnieE (Illinois)
Posts: 338

Posted:

Hi Kim,

You should also check your governing docs as to who is responsible for what. In our case (condos, 5-7 units per building, look like townhomes), the HOs are responsible “from the paint in” and the HOA “from the paint out”. We have had many roof leak problems as a result of ice damming or other roof problems. The HOA covers the exterior repair and wall repair; the HO covers painting or other wall covering, and any damage to carpet or furniture (this is covered by HO condo insurance).

Also, re insurance, our situations were not expensive so we did not file any claims, but paid for repairs out of the operating budget.

As for your Board paying for repair the 1st time, it is possible that your current Board is more strictly following your governing docs.

In any event, the advice provided is right on: continue to pay Association fees; ask questions as to why not covered this time, and check your governing docs re who is responsible for what. If it is not clear – ask.

You did not mention the extent of the damage the first time and now, nor type of repair previously done – just curious. You mention a wet spot. I’ve had damp spots in my ceiling that dried, no other repair needed although a spray primer/sealant was applied before painting.

Good luck,
Bonnie

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