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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.