Get 1 year of free community web site hosting from Community123.com!
Sunday, September 26, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Raised roof deck repairs
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
SunnyD
(Pennsylvania)

Posts:10


06/10/2021 10:45 AM  
Stacked building with 3 units. Unit 3 and unit 2 have raised roof decks. Today during an inspection I learned that the weight of unit 3s deck is causing unit 2s deck to droop downward. At the base of unit 2s deck, the contractor wants to add additional support. The raised roof decks are limited common elements. Who should pay for the repairs? Unit 3 as they are the cause of the structural damage or should the expense be split between unit 2 and unit 3?
JohnT38
(South Carolina)

Posts:729


06/10/2021 11:18 AM  
Posted By SunnyD on 06/10/2021 10:45 AM
Stacked building with 3 units. Unit 3 and unit 2 have raised roof decks. Today during an inspection I learned that the weight of unit 3s deck is causing unit 2s deck to droop downward. At the base of unit 2s deck, the contractor wants to add additional support. The raised roof decks are limited common elements. Who should pay for the repairs? Unit 3 as they are the cause of the structural damage or should the expense be split between unit 2 and unit 3?




It depends. Our governing documents specifically state that the HOA is responsible for the maintenance and repair of limited common areas. What do your docs say?
BillH10
(Texas)

Posts:768


06/10/2021 11:24 AM  
When was the building constructed? Depending on certain statues of limitations in your state, you could have a construction defect claim against the builder.
BillH10
(Texas)

Posts:768


06/10/2021 11:24 AM  
When was the building constructed? Depending on certain statues of limitations in your state, you could have a construction defect claim against the builder.
SunnyD
(Pennsylvania)

Posts:10


06/10/2021 12:59 PM  
Posted By BillH10 on 06/10/2021 11:24 AM
When was the building constructed? Depending on certain statues of limitations in your state, you could have a construction defect claim against the builder.




11 years ago.
BillH10
(Texas)

Posts:768


06/10/2021 3:26 PM  
Well, you may wish to investigate further. A quick Google search indicates there is a 12 year limit on construction defect claims in Pennsylvania.

It may be worth contacting an attorney who specializes in such matters.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Raised roof deck repairs



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.
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