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MarcusE (North Carolina)
Posts: 1
Posted:
Hello. The previous board ignored, foot dragged, and other wise took 12 months to complete a roof repair and restoration that made a unit uninhabitable for an entire year. Is the HOA repsonsible for 12 months of living expense elsewhere? The repair could have been completed in 2, so are we just liable for 10 months of living expenses. Do you use actual rent paid elsewhere or a formula. The ignored when aware leak turned into thousands of dollars of additional damage.

Please share your experience and advice.
BillH10 (Texas)
Posts: 1,217
Posted:
If you are in a condominium or similar structure in which the roof is the responsibility of the association, you are most likely responsible for the interior of your unit and its habitability.

File a claim with your Homeowner's Insurance provider for reimbursement of your expenses and let the insurance company subrogate against the association for repayment.
SheliaH (Indiana)
Posts: 6,964
Posted:
Probably not - that's why you have homeowner's insurance. If you don't have that type of coverage, you might want to talk to your agent about adding it. In the meantime, you can consult a private attorney to see what options you may have - most of us aren't attorneys.

You may think the work could have been done in two months, and you may be right, but it's possible the work was delayed because (1) there was a question over what caused the damage and who's responsible (Mother Nature, previous roofing work done incorrectly, failure of the materials, additional damage was found that had to be addressed first, etc.) Did you ask the board about the delay? If so, when and what was the response? The answers to those questions and possibly a few more may determine if the association has any liability to you.

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

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