Is HOA responsible for leaking roof

Started by StevenL11 • 12 replies • 1834 views

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StevenL11
Posts: 3

Posted:

We are a small self-managed Home Association. Top unit has the full access to the roof and the right to use the roof exclusively. Other units only have limited access to a small common area on the roof where AC units sit. Due to recent rains, the owner of the top unit reported leaking from the roof. I wonder if the HOA is responsible for the repair. Or HOA is only responsible for the repair of the common area?

StevenL11
Posts: 3

Posted:

More details about our building. There is only one unit per floor. Top unit owners can access the roof top from their unit. They have exclusive right to access/use the roof top except for the small common area.

AugustinD
Posts: 5,144

Posted:

Check your Declaration for the definition of what is a 'common area' (or 'common element' or similar). Your question is important, since a leaking roof can affect not just the unit right beneath it but other units further down. I would be interested in what you find, if you care to share.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My initial blush is the roof is a common element to all units thus the HOA's responsibility.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By JohnC46 on 04/18/2017 3:31 AM
My initial blush is the roof is a common element to all units thus the HOA's responsibility.

Yup

SheliaH (Indiana)
Posts: 6,964

Posted:

I agree the HOA likely has some responsibility, but it seems to me the homeowner also shares in that because he/she has exclusive rights to it. Check your documents to be sure. I would also think having rooftop access no one else does makes their unit more valuable - and therefore, they should pay a higher assessment to reflect that (how much higher may be in the documents, so keep reading).

When was the last time the roof was repaired or replaced? It may be old age has made replacement necessary, so I hope you have a reserve fund to cover things like this. If so, have you funded it according to the recommendations in your reserve study? Do you even have a reserve study and if so, when was the last time it was updated (should happen every 3-5 years).

And what are the owners doing with the space? If, for example, they have a rooftop garden, those have to be set up properly to ensure the weight of the plants, dirt, etc. is enough for the roof to handle. If that wasn't done or they have tons of stuff up there, that may be causing the leaking - and in my opinion, THAT would make them at least partially responsible for repairs.

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

StevenL11
Posts: 3

Posted:

Quote:

Posted By SheliaH on 04/18/2017 8:48 AM
I agree the HOA likely has some responsibility, but it seems to me the homeowner also shares in that because he/she has exclusive rights to it. Check your documents to be sure. I would also think having rooftop access no one else does makes their unit more valuable - and therefore, they should pay a higher assessment to reflect that (how much higher may be in the documents, so keep reading).

When was the last time the roof was repaired or replaced? It may be old age has made replacement necessary, so I hope you have a reserve fund to cover things like this. If so, have you funded it according to the recommendations in your reserve study? Do you even have a reserve study and if so, when was the last time it was updated (should happen every 3-5 years).

And what are the owners doing with the space? If, for example, they have a rooftop garden, those have to be set up properly to ensure the weight of the plants, dirt, etc. is enough for the roof to handle. If that wasn't done or they have tons of stuff up there, that may be causing the leaking - and in my opinion, THAT would make them at least partially responsible for repairs.

The roof had small repairs before. The previous owner of the top floor filed insurance claim through HOA before. I am not sure what it was for. But for the most part, knowing he has the exclusive right to the rooftop, the previous owner paid for the small repairs out of his own pocket. Neither previous or current owner has built any structures on the roof top. It is still pretty 'bare'.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By StevenL11 on 04/18/2017 9:13 AM
............. knowing he has the exclusive right to the rooftop, the previous owner paid for the small repairs out of his own pocket. Neither previous or current owner has built any structures on the roof top. It is still pretty 'bare'.

That the previous owner paid for repairs has nothing to do with nothing. It all depends on what the CC&Rs say. And as you describe it, it is likely what is often refered to as a "exclusive use common area" or something similar. Decls are often viewed the same, they are part of the building envelope, and the building is responsible for the deck. But only the owner of the unit has anything other than maintainence access.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By MarkM31 on 04/18/2017 10:51 AM
. Decks are often viewed the same, they are part of the building envelope, and the building is responsible for the deck. But only the owner of the unit has anything other than maintainence access.

Correction made

PitA
Posts: 1,416

Posted:

Or HOA is only responsible for the repair of the common area?

The roof IS a common area as it serves more than one unit.

Exclusive accessibility has no bearing on the issue.

1000000 x 1 it is the HOA's responsibility.

MarkM31 (Washington)
Posts: 494

Posted:

Even walls inside condo's can be common areas

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By PitA on 04/18/2017 11:15 AM

Or HOA is only responsible for the repair of the common area?

The roof IS a common area as it serves more than one unit.

Exclusive accessibility has no bearing on the issue.

1000000 x 1 it is the HOA's responsibility.

Seems per OP initial question the area is potentially Limited Common Area only serving units proportionally. One unit has a section and all others have another section. Per the OP the unit having a personal section paid for past repairs out of their pocket; therefore, depending on where leak is located and governing documents would determine who is responsible. Potentially the HOA needs to fix the leak and where located is potentially the owners who utilized pay.

KieranD1 (Oklahoma)
Posts: 8

Posted:

A family member's friend owned a 1 bedroom condo. They had a special assessment one year for $7000 for roof repairs. It sounds like something like this may be necessary but the repairs may be minor or major? If one part of the roof is leaking it probably needs the whole roof inspected if it hasn't been done recently to insure further problems don't get out of hand.

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