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LyndaC3 (Wisconsin)
Posts: 16
Posted:
I am a board member of a small complex that is located in Wisconsin. One of our newly re-roofed buildings had some problems after the great blizzard several weeks ago. It was discovered that the roofing company cut the roof vents and did not replace the elbows on the intake pipes. The other board members feel that it is the owners responsibility but I feel that it is our responsibility to force the roofing company to repair the vents and pay for any damages to the owners. Am I wrong?
JonD1
Posts: 2,350
Posted:
While your details are a little tough to understand IMO your issue lies with the actions of the roofer.

If they did work on the roof then they should have returned everything to its original state or condition unless of course they modified the vent piping for some other reason.

You would need to provided a more detailed explanation of why the elbow was removed or left off and if the roofer has some reason in doing so.

How the owners now foot this bill I don't see it.

Has the roofer been paid?????
LyndaC3 (Wisconsin)
Posts: 16
Posted:
The roofer removed the elbows to replace some plywood sheets and then forgot to replace them. In addition, for some reason, they shortened the vent length which caused several furnances to stop working as they were clogged with snow. The roofer was paid 30 day after completion, which was in July. The roofing company has been less than cooperative and other HOA board members are simply saying that it is the responsibility of each homeowner to correct. The damages have been one $600.00 bill and one $200 bill. What would you suggest?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If the roofers made a mistake, ask them to fix it. Why bring the homeowners in right away. Is someone too shy to call the roofer?
LyndaC3 (Wisconsin)
Posts: 16
Posted:
The Roofing Company was called, but they are dragging their feet. Shouldn't the roofing company be responsible for the damages? Furthermore, isn't it kinda stinky that the HOA is not standing up for their owners but rather telling them to call the roofing company? I am just one of 5 board members and I am the only one standing up for our owners. What should I do?
JohnB26 (South Carolina)
Posts: 1,569
Posted:
The person who inspected the work and 'signed off' on payment should be held accountable for his/her negligence ... let him/her deal with the roofing contractor ... if 'to no avail' let the D&O insurance come into play.
LyndaC3 (Wisconsin)
Posts: 16
Posted:
Sorry to be so lame, what is D& O Insurance? In our town, final permit inspections are not done on re-does.
BarbaraB10 (California)
Posts: 117
Posted:
Director and Officer insurance --> http://realtytimes.com/rtpages/20021211_hoado.htm

Hope this helps.

LyndaC3 (Wisconsin)
Posts: 16
Posted:
Thank you everyone for your help...............
JonD1
Posts: 2,350
Posted:
Lynda:

I would doubt anyone inspected this work by climbing onto the roof and measuring the vents. Simply not SOP.

As to D&O insurance that is nonsense.

As to the "stinky" behavior by the Board I would call it gutless.

The roofer IMO has no clue what they were doing. Vents need to be located in a certain position and set to a certain height to prevent exactly what you have seen happen.

Now if these vents in fact vent the heating systems or hot water heater tough to tell from NY then the imbeciles who shortened them could cause them to become covered or blocked in which case the exhaust from the vent would be forced back into the unit.

In most cases that would be CO gas, carbon monoxide which can kill you.

Sometimes elbows are added bend the ventpipe down to prevent being blocked or in some cases they are run straight up and left uncovered.

My way of handling this would be either have the MC call the roofer and demand the vents be replaced or brought to a state in which he found them. Or have your attorney write them a letter and suggest the BOARD not the unit owners will pay to have someone make any necessary repairs and in the event any damage or injury should result from their work they will be held liable to the fullest extent under the law.

Many folks never look up on the roofs and vents can need repair or upkeep and if not maintained properly can cause injury, damage or in some cases death.

Someone needs to light a fire up the roofer's __________.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By JonD1 on 02/16/2011 11:45 AM
Lynda:

1) I would doubt anyone inspected this work by climbing onto the roof and measuring the vents. Simply not SOP.

2) As to D&O insurance that is nonsense.[/b[

As to the "stinky" behavior by the Board I would call it gutless.

The roofer IMO has no clue what they were doing. Vents need to be located in a certain position and set to a certain height to prevent exactly what you have seen happen.

Now if these vents in fact vent the heating systems or hot water heater tough to tell from NY then the imbeciles who shortened them could cause them to become covered or blocked in which case the exhaust from the vent would be forced back into the unit.

In most cases that would be CO gas, carbon monoxide which can kill you.

Sometimes elbows are added bend the ventpipe down to prevent being blocked or in some cases they are run straight up and left uncovered.

My way of handling this would be either have the MC call the roofer and demand the vents be replaced or brought to a state in which he found them. Or have your attorney write them a letter and suggest the BOARD not the unit owners will pay to have someone make any necessary repairs and in the event any damage or injury should result from their work they will be held liable to the fullest extent under the law.

Many folks never look up on the roofs and vents can need repair or upkeep and if not maintained properly can cause injury, damage or in some cases death.

Someone needs to light a fire up the roofer's __________.


1) BINOCULARS would have enabled the inspector to perform duties from ground level
2) D&O Insurance would protect the HOA from the financial consequences of the director's NEGLIGENT DERELICTION OF FISCAL RESPONSIBILITY, to wit: failing to properly inspect work performed PRIOR TO PAYMENT and/or sign-off.

ps. being a volunteer DOES NOT relieve one of fiduciary duty ... if one does not know or have appropriate experience one HIRES A CONSULTANT WHO DOES
JohnB26 (South Carolina)
Posts: 1,569
Posted:
sorry .. typo on the
JohnB26 (South Carolina)
Posts: 1,569
Posted:
oops .. sorry .. typo on the [/b[
JonD1
Posts: 2,350
Posted:
John:

I think you would have some time collecting on such a claim under the D&O portion of your policy.

And I would never put in a claim for an amount Lynda suggests totals $800 which more than likely would barely exceed the deductible.

IMO many repairs which are made on many properties are not inspected when the MC or members of the Board as neither would have the knowledge or ability to fully make such an inspection.

This case would require these folks to have roofing knowledge, knowledge of proper venting procedures, and the condition of the roof prior to the work being done. And as to hiring someone to oversee this sort of work in some cases due to the size of the project it would not be feasible to hire someone at more expense to oversee this type of work.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Just have a lawyer write a letter to the roofer for $50 demanding the roof vents be fixed per the original roof fixing quote.

If they refuse, just have the roof fixed. What kind of money are we talking here?

PS. Roofers are a fly by night business. Its hard to nail them in court because they just start over.

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