Townhouse style property Common Interest Community

If your governing documents specify that costs are to be shared equally for the common elements, then that is the way it would be.

However, I think you misunderstand the 5% deductible.

A 5% deductible would be if the total costs are $5,000 then your deductible would be $250.
However, if your policy specifies a dollar amount of for the deductible, then it would be that dollar amount.

My suggestion is to reread the policy and talk with your insurance agent.

I live in a townhouse community and our roofs are considered common elements because the units share the same roof (our buildings have 4 units). About 20 years ago, we also had a hailstorm that damaged some, but not all the roofs, so our insurance company decided to replace all of them, since they were already long in the tooth.

Financially, it was great for us because our reserves wouldn't be enough to pay for replacement- better to pay an insurance deductible than hit everyone with a special assessment. Our reserves have improved a little, but I still fear we may wind up with a special assessment when the time comes to replace the because we still dont have what we need (long story that begins and ends with a huge amount of delinquencies).

You don't say what your situation is regarding reserves, but in addition to Tim's suggestion that you review your master insurance, you need to take a look at your reserve study and your budget to see if funding recommendations have been followed. If your study is older than 5 years, you're working with outdated information and need to get an updated one as soon as you can.

It sounds like you have a budget shortfall somewhere and so a special assessment is the best option to address all the buildings now instead of waiting for more damage from something else and then instead of, say three buildings now, than be faced with 20 five years later. You'd still need a special assessment anyway. And with insurance premiums skyrocketing everywhere, you don't want to risk the company dropping your community and then you'd have little to fall back on.

I think your board should call a special homeowners meeting to explain the situation in more detail, with the numbers. If homeowners have a better option, that would be the time to suggest it.

It certainly sounds as if the board can and should allocate expenses based on the individual roofs.

Please quote the part of the Declaration that indicates the roofs are limited common elements.

Okay, now I see it.

Elle raises an interesting point. Please supply the exact wording that show that the roofs are "limited commons area."

So.. some individual buildings have in reality one roof that saves two or 3 units? Or is each unit's roof distinct from its neighbors? In my HOA, for instance, all 15 townhomes (of 200+ units total) are attached to other THs. But all have distinct roofs.

In. addition, IF as Elle asks, units are assessed using a sq. ft. variable approach, it might support each owner paying for the size/complexity of their roof. Take a good look though. Our condo project uses a sf variable for assessments but each size pays extra & differently only for gas, water, ext. insurance.

Are your monthly fees based on the budget / the number of units or based on the square footage of each unit. The particular construction of each unit and individual cost really doesn’t matter. HOAs by definition is socialism.

AFAIC, CathyA3 said it well.I am wondering if there is another section speaking to common elements that serve 'less than all units.'