Hoa Responsible Roof Leaks

In some states there are specific laws deciding who is responsible.

Hoa responsible roof leaks.

These could include mold or mildew growth stained wood or water damaged insulation. In june we had heavy rain. We frequently accept cases from condo unit owners in situations where the association refuses to repair damaged drywall and ceilings that was caused by a leak from a neighboring unit owner. My indiana hoa association for my condo that has failed to keep up repair on the roof common elements and now i have damage inside my condo on the ceiling.

But typically in condos the owner is responsible for everything from drywall in with the hoa responsible for the exterior of the house including roofing. The board states that the interior is my responsibility. Alternatively any water damage affecting the exterior of the home such as shingles or paint is the responsibility of the hoa. If the damage occurred due to problems with the roof you can hold the hoa responsible for paying to repair any damage caused by the roof leak as well as compensating you for any expenses you have incurred due to the damage.

My insurance won t cover because it was caused from the outside of my condo. Water came in to my condo and has damaged my windows cabinets flooring and back splash in my kitchen. Hoa or condo association duty. If the leak and subsequent damage are both in a common area then the association is responsible for the cost of remediation.

In this area several years ago when mold started to be the basis for a lot of lawsuits and a lot of the mold came from roof and window leaks many hoas adopted amendments to their cc rs. In most condominiums the common elements include the drywall that is contained in each condo unit. Ultimately though there is going to be a negotiation between insurance companies. She is stuck and didn t know what to do.

The starting point to determine responsibility for water leaks is to determine the cause of the leak. The association claims that they are responsible to repair the roof not her internal walls and subsequent mold on most of the wall. Most leaks occur because of ordinary wear and tear to the roof the exterior walls or a. What are my rights.

They say they don t have responsibility for anything inside the walls of my condo. If the roof has been leaking for a while there may be visible signs of long term water intrusion. Per her insurance company the leak was due to negligence or proper maintenance by the association. The amendments stated that any interior damage unless it was caused by gross negligence on the hoa s part was the owner s responsibility adds goetz.