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| Wednesday, February 08, 2012
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| You are not authorized to post a reply. |
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AndyA
(New Jersey)
Posts:13
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| 08/03/2010 4:59 AM |
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In our association, if the roof leaks and causes damage to the home owner's ceiling, the Association is responsible for repairing the damage to the ceiling, even though the ceiling is owned by the home owner.
If the siding on the building leaks and causes damage to a window (which is owned by the home owner) wouldn't the Association also be responsible for the damage to the window?
Our Association is arguing that the windows are the home owner's responsibility and it doesn't matter how they were damaged. Would this position hold-up if challenged?
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SusanW1
(Michigan)
Posts:5035
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| 08/03/2010 5:41 AM |
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They could argue that the window damage is a side result of the siding problem and the homewoner's insurance should cover it (not direct cause of it).
While the ceiling is a direct result of the roof leak.
Just musing . . .
What does your insurnace company say/
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JamesG
(Connecticut)
Posts:35
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| 08/03/2010 6:32 AM |
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Unless the roof leak or the siding leak was caused by some specific event, i.e., not lack of proper maintenance or repair, then these are not insured damages.
As to who is responsible, you need to read your documents very carefully to find out who pays for what. It usaully gets down to what is the unit and what is the common elements. If a common element defect allows water to damage the unit, then one might assume that the association should pay for repairing that damage. However, this may only be the case if one can show that the association was neglegent by not properly or effectively performing it's maintenance responsibilites.
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AndyA
(New Jersey)
Posts:13
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| 08/03/2010 6:50 AM |
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Our association documents define that the windows are the responsibility of the home owner, but the exterior, structural frame, siding, window trim, etc. are common elements.
It seems to me that if the window breaks through no fault of the association, then the home owner pays to replace the window. But, if the frame of the window rots out because the exterior of the building is not properly sealed from the elements, then its the association's responsibility. |
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AndyA
(New Jersey)
Posts:13
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| 08/03/2010 6:54 AM |
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| My insurance company would only cover the damage if it were caused by a single event (hurricane, ice storm, etc.) |
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