Who Pays for Water Leaks from Roofs

Started by AlexM1 • 12 replies • 25462 views

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AlexM1 (Oklahoma)
Posts: 287

Posted:

IN a condo complex,the common area, of course, includes the roofs of the condo complex buildings. If and when there is a leak in the roof, it is oft times (more often than not) the upper floor condo owner may have a leak inside of his unit in view that his unit is the unit that has the roof directly overhead. We have been going under the assumtion that each owner/renter has to have insurance. Thus, if there is a leak in the roof and the upper unit has a poblem on the walls,ceilings, due to the leak in the roof... Is it the HOA who has to pay for the repairs of the walls/unit of the condo affected or is it that the renter/owners insurance has to pay for any damages due to the roof leak..... Pls .. no mention of this in the CC&Rs.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

The roof? Depends, is it a common area, or limited common area. It if its a limited common area, only the people in your building will pay.

As for damage to your unit, typically your responsible. Some condos are responsible for the sheet rock in, most are not. Its up to you if you want to make a claim or not.

AlexM1 (Oklahoma)
Posts: 287

Posted:

I do not knowif the roof is considered common area or limited common are...that is a good point.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is a combo of both. The HOA would be responsible for the roof but the damage within the walls would be on the owner. Renter's insurance would cover loss in belongings usually not anything structural. It would be the owner's insurance that would cover that.

Keep in mind that if the roofs are HOA common area, there could be a special assessment or raise in dues to cover damages. That is if they don't have a fund set up for such issues. A HOA is only funded by it's owners for it's owners. The money to fix or replace the roofs will come from the owners or the insurance. If it comes from the insurance then you all can expect to either be dropped or raised insurance rates.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Alex,

It sounds like your playing "what if" games (what if this happens? What if that happens?).

Being prepared is one thing.
Trying to identify and deal with all the what if's will drive you crazy.

GlenL (Ohio)
Posts: 5,491

Posted:

Alex the best thing to do is present your CC&R's to the HOA's attorney and ask for an opinion on what is the HOA's responsibility and what is the homeowner's responsibility. For instance in our documents it would be the HOA's responsibility to replace any damaged wallboard and dry the walls out, it would be the homeowner's responsibility to paint.

Studies show that 5 out of 4 people have problems with fractions

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Keep in mind that if the roofs are HOA common area, there could be a special assessment or raise in dues to cover damages.

If its a common area the money will come from all condo owners.
If its a limited common area, the money will come from the condo owners only in that building.

Quote:

The money to fix or replace the roofs will come from the owners or the insurance. If it comes from the insurance then you all can expect to either be dropped or raised insurance rates.

You're unlikely to be reimbursed by the insurance company for roof repairs because that's a maintenance issue. Insurance does not cover maintenance. But the water damage to the condo is likely covered.

VictorG1 (Michigan)
Posts: 4

Posted:

Check your condominium documents, while limited common areas are normally to be maintained by those co-owners sharing in that area, the Bylaws or condo resolutions could establish that some of limited common areas are to be maintained by the association; not the individual co-owner. As an obvious example, think of driveways - normally defined as limited, yet their maintenance is generally the responsibility of the association.

AlexM1 (Oklahoma)
Posts: 287

Posted:

Still attempting to come up with a more legal answer as to who pays for the repair of the ceilings, and/or walls of a condo unit(in a condo complex)if the roof is a common element(as is in most all condos that i know of) but if the individual's insurance is not to pay for damages to the ceilings/walls as a result of a roof leak,what value is the insurance? I suppose will have to get a LEGAL opinion on this as it is or could be a problem.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Alex,

It also depends if the damage was due to "an act of God" (storm damage) or an act of negligence (failure to properly maintain the drains).

If it was storm damage then each insurance company will repair to the boundary.
If it was negligence then, more often than not, the owner will need to prove this in court.

As you said, if you want "legal" opinion you will have to consult with a local attorney.

MarquisD (Florida)
Posts: 2

Posted:

Since the top covering is a part of the construction, homeowner's insurance would cover impairment to a roof supplied the impairment was caused by an insured peril. protection principles do not cover usual wear and rip or poor top covering upkeep. Insurance policies cover leaks that outcome from an insured peril.

MarquisD (Florida)
Posts: 2

Posted:

NancyG3 (North Carolina)
Posts: 342

Posted:

Alex - Before contacting an attorney, check with your insurance Agent and your Condo insurance policy that covers the building. These policies will answer a lot of your questions.

NancyG

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