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Florida HOA Damage to Unit

Started by RebeccaM1 • 7 replies • 1688 views

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RebeccaM1 (Florida)
Posts: 43
Posted:
A unit in this Florida HOA sustained interior damage to carpeting and drywall from a leak in the roof. The roof is the responsibility of the Association, however they take no responsibility for the unit interior under normal circumstances. Does the Association have a responsibility to restore the unit because this damage was caused by a roof leak that the Association was obligated to have fixed?
Jadedone4 (Virginia)
Posts: 495
Posted:
Rebecca, unless the HOA KNEW about the damaged roof, and failed to act, the responsibility to repair the damage(most likely) resides with your insurance company.
NancyD1 (Florida)
Posts: 447
Posted:
Did the HOA know that the roof was damaged? Did they not repair a roof they knew was leaking? If they did one or both of these then the HOA is responsible. If the roof leaked and noone knew about it, then it will be your responsibility to maintain the interior property
JohnM3 (Florida)
Posts: 288
Posted:
Rebecca: I find it hard to believe that any HOA is dumb enough to be involved in roof repair or upkeep.
Most HOAs don't allow themselves to get involved in this type of situation. I strongly suggest you look at your docs. HOAs don't usually get into dumb areas like that. Now if a landscape crew accidentally threw a rock thru a window they the Landscappers pay for the repairs or use there people to effect repairs. Are you positive your docs say this? Cause if they do they must also have a reserve account strictly for repairs and your assessments would be thru the roof especially in Florida. The land of dirty rain!!!
DonH (Florida)
Posts: 9
Posted:
Quote:
Posted By JohnM3 on 09/18/2007 6:54 AM
Rebecca: I find it hard to believe that any HOA is dumb enough to be involved in roof repair or upkeep.
Most HOAs don't allow themselves to get involved in this type of situation. I strongly suggest you look at your docs. HOAs don't usually get into dumb areas like that. Now if a landscape crew accidentally threw a rock thru a window they the Landscappers pay for the repairs or use there people to effect repairs. Are you positive your docs say this? Cause if they do they must also have a reserve account strictly for repairs and your assessments would be thru the roof especially in Florida. The land of dirty rain!!!

John - #1. All HOAs are not the same.
#2. Many HOAs are condos or multi-residence units.
#3. Most HOAs that have condos or multi-residence units are responsible for exterior structural maintenence.

I do not find it hard to believe that you find being responsible to the "membership" (owners) for positive actions to protect and IMPROVE their community as being dumb. Most boards in my experience have that opinion, as being on the board for tat person is merely a power "thing" and not a desire to serve your community.

Take in example the board of an HOA in Palm Beach Gardens, Florida...who's board single-handedly have destroyed a wonderful opportunity for thier community simply because several owners on their own had taken initiative and gotten owners of a big development who share a boundry to cause improvements to the HOA community as goodwill for the owner support the developer received - as in support for the development at city council meetings...which the board NEVER attended before they got thier noses bent when they realized they looked dumb for not initially being supportive and were "upstaged" by intelligent caring owners who's first thought is community improvement and protection of the other owners properties.

Nice outlook there - John....as for landscape crews...the one I am thinking of needs to learn how to cut grass without tearing up and destroying private property.

Good luck with that.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By JohnM3 on 09/18/2007 6:54 AM
Rebecca: I find it hard to believe that any HOA is dumb enough to be involved in roof repair or upkeep.
Most HOAs don't allow themselves to get involved in this type of situation. I strongly suggest you look at your docs. HOAs don't usually get into dumb areas like that. Now if a landscape crew accidentally threw a rock thru a window they the Landscappers pay for the repairs or use there people to effect repairs. Are you positive your docs say this? Cause if they do they must also have a reserve account strictly for repairs and your assessments would be thru the roof especially in Florida. The land of dirty rain!!!

John:

It is not uncommon for condos or multi-unit HOA's to be in the roofing business.
NancyD1 (Florida)
Posts: 447
Posted:
John, Florida is the land of over 40,000 condos and HOA's. There are many HOA's that are condo or co-op buildings. They are not necessarily formed as a condo association, so a HOA covering a roofing problem does not surprise me.
RebeccaM1 (Florida)
Posts: 43
Posted:
John, the buildings here are quad-townhouses. The Association is responsible for roofs and exterior walls, while the unit owner is responsible for doors, windows, and the interior from the exterior wall inward.

Thank you for your input.

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