💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

TinoS (California)
Posts: 85
Posted:
We have a 16 unit townhouse complex in California. 3 buildings.

A homeowner has reported that there is a water stain on her ceiling. There is a non accessible attic above her and then the roof. The HOA replaced the roofs a few years prior to the reported damage. The roof has a warranty but it does not cover damage to the interiors, as explained by the company rep when I called them. They will come out and inspect the property and patch where they see problems during the warranty period.

The water damage was reported to us at the end of a dry summer. Our insurance company agent has told us that the HOA's insurance does not cover damage from slow leaks, which this probably is. The coverage is for fast leaks immediately reported.

The roofing company has inspected the roof and patched around some flashing that possibly could be the problem but the supervisor believes it more likely to be a problem of water getting into the pipes exposed on the roof.

Whose responsibility is it to repair the water stain? The HOA? or homeowner?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I'd say the homeowner for interior damages. However, if it was the outside causing the interior damage then the HOA may need to replace the drywall and some insualtion of their ceiling. That's just my opinion.

Former HOA President
TimB4 (Tennessee)
Posts: 21,061
Posted:
If it is provable that the stain was caused by a leak by something the Association maintains, then it would likely be the Association.

Personally, if it was me, expecting that the leak issue was addressed, I would buy some stain blocker ($5-$20) and paint over the stain. If the leak was not fixed, the stain will return (even through the stain blocker). If the leak doesn't return, great. If it does, there is more of an issue and someone will need to access the attic to do a through inspection to determine the cause.

TinoS (California)
Posts: 85
Posted:
I believe it is true that the homeowner is responsible for the water plumbing pipes from his sinks and toilets down to the output on common area leaving his home. If that is the case then maybe he is also responsibility for those ventilation pipes coming from above as they pass up to the roof? Those ventilation pipes leave the owners interior and go through a common attic that has one access door entered from a ladder. The owner can get to the pipes above his unit in this common attic.

Yes, until he see water damage he doesn't know that there is problem with the pipes leaking over his head, not on the roof, but in the attic, but is that any different than a broken pipe in the walls or floors that is leaving his sinks and toilets?

Keep in mind these are joined townhouses, where the homeowner where there is no one above or below him.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Tino

It is fairly obvious the damage is not from a unit above hers as she is the top unit.

It is also fairly obvious the damage is probably from outside her unit, thus probably the association's issue one way or another.

Time for the association to put on their big boy panties and have the association (like in pay for) investigate the damage investigated versus duck the responsibility.

I could be wrong.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
OOPS

Townhouses...while not the top unit, there is still no unit above her so I still suspect it is the association's issue.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
re: attic access via 1 hatch

assuming some side by side units

you should not be able to access multiple units via 1 hatch

because

wait for it

wait

wait

there should be fire walls between the units INCLUDING THE ATTIC SPACE

you have much much much bigger issues than a water mark
EdmundS1 (North Carolina)
Posts: 45
Posted:
How can you have an area that you cannot get into for inspection? Yoy need to get in there and have a look; my biggest concern is not the leak, it's MOLD. Mold is a hot topic right now and if mold has developed in this closed in moist area you problems are only beginning.

We have a townhouse where the new owner had some LED's lights installed in his kitchen area. When they drilled holes for wiring through the wall the drill came out black, covered with mold.

The house was evacuated, A mold clean up firm was hired, the room sealed and HEPA filters are now in place while the kitchen is being gutted. The leak came from a cracked vent boot in the roof; since the HOA has responsibility for the roof the lawyers are starting to talk, so far the bills are up to $14,000 and were not even done with clean up. Hope your HOA has a substantial reserve fund.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Not all mold is bad. People panic when they hear the word mold or see some specks of it somewhere. Most mold can be cleaned up with a mixture of bleach and water. Sometimes afterward a new coat of paint to reseal.

I have a pet peave about mold and Radon gas panics...Mold is everywhere even in our cheese...Only certain types are bad and are rare to be found. This situation can easily be fixed by a mixture of bleach, water, and stain vlocker like Tim suggests. That way can see if it an on going leak or not.

I hate companies that convince people they got mold and need to spend tons of money to take care of it. It's a HUGE con playing people's fears...Not unlike water purification sales people...I too can show you a positive mold result on a Q tip and tell you the dangers of mold...Just leave out the part that it is normal and that it's not the kind that causes health issues...but it could be!!!

Former HOA President
EdmundS1 (North Carolina)
Posts: 45
Posted:
I agree with the "hype" over mold that Melissa talks about. However, were not talking about personal choices here; were talking abour HOA responsibility. If mold is discovered then samples need to be sent to a microbiologist (as was done in the case that I wrote about). The report confirmed two strains that are know to be associated with human infections. Therefore, the HEPA filters, men in white suits, etc.

The point is, when you have responsiblity (HOA) then you need to document that you responded in a responsible manner.

As a side note I would like to know if were talking about a flat roof, air conditioning units on the flat roof? The fact that the area had a "dry" summer means nothing if mold is discovered and you a have a humid enviroment inside that space.

Here in NC we have a lot of Homes build on slabs; roofs are not flat so air conditioning and heating equipment is in the attic...a whole set of new potential problems.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here