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KristelL (California)
Posts: 21
Posted:
one of my window was leaking after the heavy rain we had the past few days. now the dry wall at the corner of this window is very soft and swollen.
it's probably been going on for months/years...
turns out the weep hole was has been sealed when the building was repainted (before I bought the place)
who's responsible for that?
should the HOA insurance cover the dry wall repairs?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA usually has a HUGE deductible to pay. It's not like your homeowner's insurance. Which you can contact first to see what they say. They may pay off the claim and then go after the HOA to pay. I would make the HOA aware of the situation as you could not be the only one facing this issue. Others may have it too.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
I think the first thing you need to do, Kristel, is read your CC&Rs to see who's responsible for your windows. In our high rise HOAs, owners are responsible for the window seals as they all can be repaired from the interior.

JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By MelissaP1 on 01/29/2021 2:39 PM
The HOA usually has a HUGE deductible to pay. It's not like your homeowner's insurance. Which you can contact first to see what they say. They may pay off the claim and then go after the HOA to pay. I would make the HOA aware of the situation as you could not be the only one facing this issue. Others may have it too.

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KristelL (California)
Posts: 21
Posted:
Melissa, I 'm not sure I get your point. because the HOA has a huge deductible, I should my own insurance (I have a deductible too) ? why?
KristelL (California)
Posts: 21
Posted:
I couldn't see anything specific about windows in the CCRs

also, the weep hole was sealed from outside, probably by the company that re-painted the building few years ago
JohnC77 (California)
Posts: 562
Posted:
Based on my experience managing HOA's in California, the maintenance and replacement of windows will fall under the homeowners column.
LetA (Nevada)
Posts: 2,679
Posted:
Call your insurance company, if it is the responsibility of the HOA, they will subrogate with the HOA, YOU won't pay a dime in a deductible. kind of like auto insurance when you are not at-fault.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LetA on 01/30/2021 1:38 PM
Call your insurance company, if it is the responsibility of the HOA, they will subrogate with the HOA, YOU won't pay a dime in a deductible. kind of like auto insurance when you are not at-fault.

Typically this is the procedure. I know people hate to call their own insurance as they are afraid of a rate increase, but this is how it works.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Gah - would be so much easier if the webmaster would have a question section at the beginning of each new post, asking things like:
1. COA (high rise of horizontal, or HOA?
2. Where located?
3. How many units?
4. Incorporated?
5. Have you read your CCRs?
6. Have you read your Bylaws?
7. Are you a Board member?
8. Are you a Board officer?

So, is this a COA or HOA?

Based on what I have read, I suspect this is going to be paid for by the owner - unless it is a COA - gah.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By KristelL on 01/30/2021 1:08 PM
I couldn't see anything specific about windows in the CCRs

also, the weep hole was sealed from outside, probably by the company that re-painted the building few years ago

There should be a section that defines Unit, Common Elements, and Limited (Exclusive Use) Common Elements, along with lists of the various components of each. There should also be a section that describes who is responsible for maintaining each.

As in Kerry's community, in mine the windows (along with their framing, flashing, and the like) are part of the unit and thus the owner's responsibility.

I agree with Melissa about mentioning the blocked weep holes to the board, just to give them a heads up. In a newer community, something like this could possibly void warranties. (In my CC&Rs, one of the obligations of owners is to notify the association about any problems they've seen in components that the association is responsible for maintaining.)

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