Posted:
So, David, the below is from our 2022 restated CC&Rs. Article 8 is "improvements." It is now, I think, standard text for our HOA attorney's firm, which has many multistory Condo clients. I didn't see a good way to pare it down so you get to enjoy the whole section.
Oh, but maybe you're not in a condo building?
"8.1.3 Water Damage and Mold. Notwithstanding any other provision herein, each Owner, and not the Association, is responsible to clean, remediate, repair and/or replace (as may be needed) any Improvements in a Unit, Exclusive Use Common Area or Common Area damaged or destroyed by the entry or intrusion of water or other substances into a building or any part of the Project, which entry, intrusion or damage (whether directly or indirectly due to a willful act, negligence or otherwise) (i) was caused by the Owner, Ownerâs tenant or their re- spective family, guests, or invitees, (ii) originated from the plumbing lines or plumbing related fixtures or any utilities, fixtures or appliances which exclusively serve the Ownerâs Unit and which the Owner is responsible to maintain, and/or (iii) was caused by the Ownerâs failure to mitigate such intrusion or damage by promptly reporting signs of water or other substance intrusion, including but not limited to roof and window leaks resulting in water or other substances entering an Ownerâs unit.
Each Owner, and not the Association, shall also be responsible to clean, remediate, repair and replace any Improvements which are ordinarily the Ownerâs responsibility to repair or replace as provided in Section 8.1.1 above where any damage or destruction to those Improvements was caused by the intrusion of water or other substances emanating from within Common Area, or from outside of the building provided that such intrusion was not directly caused by the willful act or negligence of the Association or its agents or employees. Each Owner shall regularly inspect their Unit, and any fixtures and appliances exclusively serving that Unit, for plumbing leaks, mold, water accumulation, water intrusion through windows, doors, roofs, or any other sources and to determine that any all of the fixtures and appliances within exclusively serving the Ownerâs Unit are functioning correctly. Owners must periodically service and/or replace supply and drain lines to appliances, HVAC equipment, sinks, toilets, and the like, including all caulking in bathrooms and kitchens in their Units."
As you might be able to see, what the Association might be obligated to do is first specified in our Article on Improvements. In our case, and in many code building we owners are responsible for almost all water intrusion no matter the source (UNLESS the HOA was negligent) In our HOA, and most likely yours, the HOA would repair the exterior common area stucco.And they may need to inspect the area to ry to source the leak(s) But I don't see that it would test for mold in your unit.
So you need to read your CC&Rs. In addition you insurance Article in your CC&Rs might help.
Susan, your query really is unrelated to the above. Please start a new thread. In it, let us know if you're in a condo building or detached homes. And if the CAM has replied to your concerns.