Raised roof deck repairs

Started by SunnyD • 5 replies • 373 views

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SunnyD (Pennsylvania)
Posts: 10

Posted:

Stacked building with 3 units. Unit 3 and unit 2 have raised roof decks. Today during an inspection I learned that the weight of unit 3s deck is causing unit 2s deck to droop downward. At the base of unit 2s deck, the contractor wants to add additional support. The raised roof decks are limited common elements. Who should pay for the repairs? Unit 3 as they are the cause of the structural damage or should the expense be split between unit 2 and unit 3?

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By SunnyD on 06/10/2021 10:45 AM
Stacked building with 3 units. Unit 3 and unit 2 have raised roof decks. Today during an inspection I learned that the weight of unit 3s deck is causing unit 2s deck to droop downward. At the base of unit 2s deck, the contractor wants to add additional support. The raised roof decks are limited common elements. Who should pay for the repairs? Unit 3 as they are the cause of the structural damage or should the expense be split between unit 2 and unit 3?

It depends. Our governing documents specifically state that the HOA is responsible for the maintenance and repair of limited common areas. What do your docs say?

BillH10 (Texas)
Posts: 1,217

Posted:

When was the building constructed? Depending on certain statues of limitations in your state, you could have a construction defect claim against the builder.

BillH10 (Texas)
Posts: 1,217

Posted:

When was the building constructed? Depending on certain statues of limitations in your state, you could have a construction defect claim against the builder.

SunnyD (Pennsylvania)
Posts: 10

Posted:

Quote:

Posted By BillH10 on 06/10/2021 11:24 AM
When was the building constructed? Depending on certain statues of limitations in your state, you could have a construction defect claim against the builder.

11 years ago.

BillH10 (Texas)
Posts: 1,217

Posted:

Well, you may wish to investigate further. A quick Google search indicates there is a 12 year limit on construction defect claims in Pennsylvania.

It may be worth contacting an attorney who specializes in such matters.

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