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Our condo complex is composed of 54 town homes and the bylaws state that the association is responsible for the maintenance of the roof. It failed last spring and a neighbor incurred water damage to his bedroom ceiling. The Board fixed the roof but refused to pay the ceiling repairs stating that the owner's insurance should pay to fix his ceiling and refused to pay for his repairs. I believe the the Board is wrong and should pay to fix the ceiling. Am I correct?

Answers and Comments

you would have to look to your specific documents and insurance.  if the roof failed due to negligence, HOA is most likely responsible no matter what.

in my HOA, we have ahd roof leaks, and HOA paid for ceiling repairs

08 Apr 2019

Like Jane said, if the roof failed due to negligence the HOA should pay for everything. But if the roof had been recently inspected and was OK but it got storm damage and leaked the HOA would cover the roof and the owner their own repairs. Sounds like your neighbor needs to file an appeal and also get more info on the roof. Last inspection, last replaced etc.

20 Apr 2019

The governing documents should list what the common elements are and who is responsible.

In some cases I've  seen the lower unit is responsible for water damage caused by upper unit unless a "act" or " neglect" neglect includes not fixing issues before water creates inside water damage.

The insurance rep.would have looked at governing documents before submitting a quote.

I like to have governing documents from the county recorder with the recorder seal that have to be filed at county recorder in my state and any ammendments made to governing documents. 

15 Jun 2019