If the roof leak was caused by a covered peril then homeowners insurance should cover it.
Hoa roof leak.
Typically condo associations require unit owners to maintain a homeowner s insurance policy that is designed to protect the owner in case of damage and the association in case of unintentional damage caused by a failed common element in your case the roof.
The hoa has a duty to maintain the roof so that no water infiltration occurs.
The starting point to determine responsibility for water leaks is to determine the cause of the leak.
Our hoa has 31 buildings with 4 6 or 8 townhomes in each building.
The roofing company says we need a new roof.
Insurance tends to not cover roof leaks if the leak is due to an older roof neglected or poorly maintained roof or something the homeowner did to damage the roof.
Most leaks occur because of ordinary wear and tear to the roof the exterior walls or a.
The community is 18 years old and many of us are having repeated leaks to repair.
Homeowners insurance may or may not cover roof leaks depending on what caused the roof leak.
In a condo the roof and building itself belong to all the owners as a common element.
The hoa collects dues from each unit owner to pay for maintenance and repairs defined in the by laws.
Hoa repairs and homeowner repairs are usually differentiated based on whether the damage is to the exterior of the building or the interior.
In some states there are specific laws deciding who is responsible.
Hoa needs to cover repair of roof damage property damage repairs 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.
If the leak and subsequent damage are both in a common area then the association is responsible for the cost of remediation.
What happens when after roof replacement the roof has leaks into your condo unit damaging the.
However the governing documents are often vague and the issue of hoa water damage is more complex.
Water damage often starts on the exterior and works its way inward.
Hoa or condo association duty.
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.
People often get mixed up on hoa and condo regime issues and this issue normally applies in a condo regime says jeff vinzani an attorney in charleston s c who represents associations.
If the leaks are coming from the outside that would typically be an exterior repair.