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PatW9 (South Carolina)
Posts: 8
Posted:
Just a general inquiry> if the HOA is responsible to maintain, repair and replace the roof shingles, do they also bear responsibility when the shingles become dislodged during a storm and cause damage to persons or property?
MarkM31 (Washington)
Posts: 494
Posted:
Assuming that everything on the roof was reasonably up to par, probably not. The common example would be "are Dorothy's grandparents responsible when the twister pickuped up her home and it landed on the witch during the twister in the Wizard of Oz"? Storms do damage.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PatW9 on 10/11/2016 6:39 AM
Just a general inquiry> if the HOA is responsible to maintain, repair and replace the roof shingles, do they also bear responsibility when the shingles become dislodged during a storm and cause damage to persons or property?

From my reading, whether the HOA has liability for such damage depends on several non-black-and-white factors. If the matter went to court, then I believe the court would consider foreseeability of such damage by the HOA. Were the winds that caused the shingles to fly off unusually bad for your climate? If so, it's less likely that the HOA would be liable. Was the roof due for re-shingling, based on commonly accepted standards for shingle life? If so, the HOA could be liable for any damage resulting from flying shingles. Before the storm, did the HOA have notice that shingles were falling off? If so, then again, the HOA could be liable. It's possible that a court might split the costs of the damage right down the middle as well, asking the HOA to pay the claimant half of the costs to repair the damage. It's rarely not black and white, especially if the attorneys involved want to draw this out. By the time a court sorts all this out, the costs of the attorneys' fees may very well exceed the cost of the original claim. I think your board should do a cost-benefit analysis, also factoring in how refusal to pay for the damage will affect the "good will" in your community. In my opinion, the latter can affect home values as well. (Granted sometimes it's a tough calculation: Some folks will say the HOA should not pay for the damage. Some will say it should. The board should run the numbers as best as it can.)

I think your board should also immediately check with its insurer to see what it might cover.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Pat,

Typically, similar to trees, if the Association has a duty to maintain and they were informed (prior to the storm) that the shingles were loose and failed to take action, they may be responsible for any damage that shingle caused when it blew loose.

Storm damage is just that. Storm damage. Unless you can prove that the other party knew of or should have known of existing issues that contributed to the damage cause by the storm (example a dead tree vs. live branches breaking in a storm), then each party would take care of their own issues.

However, I have seen an article where the issue of shingles would be your responsibility.

Therefore, I suggest you direct this issue to your insurance company. They will be better able to advise you and can repair your issue and go after the Association to recover damages.

See:

My Tree Fell on Neighbor's Garage: Who Pays?

Storm damage? Will your insurance pay … and for what
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By PatW9 on 10/11/2016 6:39 AM
Just a general inquiry> if the HOA is responsible to maintain, repair and replace the roof shingles, do they also bear responsibility when the shingles become dislodged during a storm and cause damage to persons or property?

Your question is basically, "If the roof leaks and the HOA is responsible for the roof, is the HOA also responsible for repairing damage inside the home caused by the leak?"

File a claim with your homeowner's insurance and bring the HOA's maintenance responsibility to the adjuster's attention. Let your insurance company deal with the HOA regarding liability, if any.

MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By LarryB13 on 10/11/2016 1:35 PM

Your question is basically, "If the roof leaks and the HOA is responsible for the roof, is the HOA also responsible for repairing damage inside the home caused by the leak?"


Maybe, the question could also be who is responsible if a shingle comes loose in a storm and beans somebody half a block away.

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