Roof leaking

Started by VickyH • 7 replies • 1414 views

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VickyH (California)
Posts: 1

Posted:

In a condo complex. The leaking in the roof and cause flooding inside our unit by raining. Is HOA should pay for the damage? Such as wood floor repair fee ,hire mold company to dry out the celling and wall, law sue from tenant?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Vicky,

Typically, in such a situation as you describe, the HOA would certainly be responsible. However, it would only be responsible for a few of the items you mentioned.

My suggestion is to contact your insurance company.
Your insurance company will take care of your issues and, if applicable, get money from the Association insurance.

Your tenant should have renters insurance.
If they don't then let them deal with your insurance company (as this is why you buy it).

SheliaH (Indiana)
Posts: 6,964

Posted:

In our community, the Association would take care of the roof, but any interior damage is the homeowner's responsibility, regardless of how it occurred.

Then there are questions like had the roof leaked before, did anyone notify the association of the problem, did the association attempt to fix the problem, etc., etc. Those are questions the insurance companies will hash out, but you should make sure you have documentation of anything related to the back story.

As for the tenant, he/she should have renter's insurance, otherwise, he/she may try to sue YOU for damages (I don't know if he/she would win, but there's always that possibility).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MarkM31 (Washington)
Posts: 351

Posted:

Quote:

Posted By SheliaH on 10/14/2015 9:00 AM
In our community, the Association would take care of the roof, but any interior damage is the homeowner's responsibility, regardless of how it occurred.

A HOA may make that claim, but it is unlikely that a court would agree

SheliaH (Indiana)
Posts: 6,964

Posted:

Well, that's how our master insurance policy is written, so....

This is why our newsletter has run periodic articles on the expectation that homeowners have insurance, whether they have a mortgage or not. Hasn't been a big problem.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MarkM31 (Washington)
Posts: 351

Posted:

Buy just like car insurance, if somebody runs into you it is not nexxesary for you to make a claim on your own insurance.

In both cases the party causing the damage is legally required to repair all damages caused by their failure.

JeffT2 (Iowa)
Posts: 880

Posted:

Quote:

Posted By MarkM31 on 10/14/2015 10:18 AM

Posted By SheliaH on 10/14/2015 9:00 AM
In our community, the Association would take care of the roof, but any interior damage is the homeowner's responsibility, regardless of how it occurred.

A HOA may make that claim, but it is unlikely that a court would agree

In many cases a court would agree with Sheila. The condo owner would have to show that the association was negligent in order to collect damages. The first time the roof leaks, the association is probably not negligent. If the association does not fix the roof, then the association has to pay for subsequent damage. The condo owner has to mitigate damage.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

It does not seem right that when someone causes damage that the injured party has to involve their insurance company but that is typically how it is handled in the case of damage from an outside source to one's condo unit.

Condo roof leaks, water leaks into below unit 302 then water from 302 leaks into below unit 202 then water from unit 202 leaks into below unit 102.

There will have to be multi insurance claims filed. From the HOA plus from unit 302 plus from unit 202 plus from unit 102. The insurance companies will then subrogate it out.

Subrogation is defined as a legal right that allows one party (e.g., your insurance company) to make a payment that is actually owed by another party and then collect the money from the party that owes the debt after the fact.

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