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Subject: Vinyl Siding Warranty Questions
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PegM1
(Pennsylvania)

Posts:26


07/09/2021 10:34 AM  
Thank you in advance for any help provided.

We live in a 55+ community, 241 homes (single family and garden homes) in Pennsylvania. Our Declaration indicates the HOA is responsible for the "maintenance, repair, and replacement" of the vinyl siding on the units.

My question is this: if the HOA is responsible for the siding, does the HOA have the warranty for the siding or does the homeowner? I apologize if this is a dorky question with a simple answer. I am going through my closing paperwork but I haven't found anything definitive yet. There have been issues arising with siding installation and problems with solar distortion bubbling, for example.

Thank you!
AugustinD


Posts:1695


07/09/2021 10:41 AM  
In my opinion and experience, the HOA has the warranty. But in cases like this, often the biggest problem is getting the HOA Board to seek remediation based on a warranty.

I have seen cases where an owner contacted the vendor directly and, after submitting enough documentation, got some action, for at least her or his unit. This is even though the maintenance responsibility was the HOA's. But do not bank on this.

If you are trying to decide whether to continue to closing or not, then I think it's best to assume this will not be resolved anytime soon.
AugustinD


Posts:1695


07/09/2021 10:42 AM  
Posted By AugustinD on 07/09/2021 10:41 AM
In my opinion and experience, the HOA has the warranty. But in cases like this, often the biggest problem is getting the HOA Board to seek remediation based on a warranty.

I have seen cases where an owner contacted the vendor directly and, after submitting enough documentation, got some action, for at least her or his unit. This is even though the maintenance responsibility was the HOA's. But do not bank on this.

If you are trying to decide whether to continue to closing or not, then I think it's best to assume this will not be resolved anytime soon.
Oops; I misunderstood. I gather the OP owns the home but is reviewing the papers given to her during closing to see if they help shed light on her siding questions.
CathyA3
(Ohio)

Posts:2475


07/09/2021 12:56 PM  
I think the warranty question boils down to who owns the siding. Does it belong to the owner of the structure it's attached to, or is the siding a common element and thus owned by the HOA? The CC&Rs should clarify that. It may also be worthwhile to look at the owner's and the HOA's insurance policies to see who insures what.

If the siding truly does belong the the owners of the individual homes, then I would be concerned about liability issues if the HOA takes on maintenance responsibilities. Blurring the lines this way seems to open the door to legal wrangling.


CathyA3
(Ohio)

Posts:2475


07/09/2021 1:00 PM  
A further note: I've seen communities with detached homes that were still defined as condominiums, so something like that may be happening here. As I said, it bothers me that an HOA would be responsible for something that they don't own except for stuff like cutting the grass.
LetA
(Nevada)

Posts:1429


07/10/2021 11:07 AM  
You may find the answer you are looking for on your HOA documents, particularly the budget. My HOA sends out a annual budget that shows what the HOA spends as a whole and it beaks it down individually what each homeowner contribution is. In my HOA, the HOA is responsible for front yard maintenance. The budget is broken down in a few parts on landscaping. 1. common area landscaping, 2. front yard landscaping and 3. plant and shrub replacement. Hopefully your HOA budget will reflect some sort of projected replacement cost for these items.
JohnC46
(South Carolina)

Posts:11539


07/10/2021 1:00 PM  
Posted By CathyA3 on 07/09/2021 12:56 PM
I think the warranty question boils down to who owns the siding. Does it belong to the owner of the structure it's attached to, or is the siding a common element and thus owned by the HOA? The CC&Rs should clarify that. It may also be worthwhile to look at the owner's and the HOA's insurance policies to see who insures what.

If the siding truly does belong the the owners of the individual homes, then I would be concerned about liability issues if the HOA takes on maintenance responsibilities. Blurring the lines this way seems to open the door to legal wrangling.





My HOA is standalone patio homes. Our HOA is responsible for replacing the siding due to normal wear and tear. What many do not understand is what is normal wear and tear.

It is not someone cracking/damaging their siding. It is not the wind blowing some siding off. Neither are normal wear and tear. Many seem to think that it is cradle to grave service which it is not.

Our issues seem to come from second or third buyers. I believe this is a result of sellers and real estate agents telling the buyer what they want to hear whereas first time buyers dealt wit the Declarant whos is a very honest, straight shooter type person.
CathyA3
(Ohio)

Posts:2475


07/10/2021 1:13 PM  
Posted By JohnC46 on 07/10/2021 1:00 PM
Posted By CathyA3 on 07/09/2021 12:56 PM
I think the warranty question boils down to who owns the siding. Does it belong to the owner of the structure it's attached to, or is the siding a common element and thus owned by the HOA? The CC&Rs should clarify that. It may also be worthwhile to look at the owner's and the HOA's insurance policies to see who insures what.

If the siding truly does belong the the owners of the individual homes, then I would be concerned about liability issues if the HOA takes on maintenance responsibilities. Blurring the lines this way seems to open the door to legal wrangling.





My HOA is standalone patio homes. Our HOA is responsible for replacing the siding due to normal wear and tear. What many do not understand is what is normal wear and tear.

It is not someone cracking/damaging their siding. It is not the wind blowing some siding off. Neither are normal wear and tear. Many seem to think that it is cradle to grave service which it is not.

Our issues seem to come from second or third buyers. I believe this is a result of sellers and real estate agents telling the buyer what they want to hear whereas first time buyers dealt wit the Declarant whos is a very honest, straight shooter type person.




That's interesting. Do your CC&Rs say that the siding is owned by individual homeowners or by the HOA, and who insures it? I assume the siding is a reserve item?

(I agree that second or third buyers are less informed about a lot of stuff. Buying from the developer is usually a more involved process than buying a resale, so it's not surprising.)
JohnC46
(South Carolina)

Posts:11539


07/11/2021 8:42 AM  
Cathy

Keep in mind we are standalone, smallish patio homes. 40, one story (side by side) duplex homes. 32 one and two story single family homes thus 72 structures and 112 owners. The HOA does all landscaping and we strive for a common look. No one is allowed to make any external changes without BOD permission. We even dictate that all front doors will be painted black.

Yes the vinyl siding (and roof replacement) is a Reserve Line Item. I have never been asked about ownership so I do not know. Our HOA covers replacement due to normal wear and tear. We anticipate the roof replacements to begin in 2027 and got on for 7 years. Vinyl siding replacement to begin in 2042 and go one for 7 years. The 7 years comes from the fact is that is how long our build out took. Homeowners insurance would cover replacement due to damage, fire, etc., not the HOA.

We do pray for a hail storm so owner's home insurance would pay for roof replacement....LOL
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