Structural Damage Responsibility

Started by EdB12 • 9 replies • 278 views

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EdB12 (Pennsylvania)
Posts: 4

Posted:

Our HOA is going through a complete remediation project, replacing wood with vinyl siding. A special assessment for all homeowners was made to pay for the project. A contingency fund was established to pay for structural issues when the wood was removed. They dug out around my outside first floor deck to update all the trim, which I paid for separately since decks are not covered by the hoa. When doing so they found the corner beam was rotted below ground. They tore off my entire deck, put footers in, and will rebuild w pvc materials. My question-since the beam holds up a large portion on the roof (more than just the deck) should the hoa cover some of the costs as structural damage? Likely to be quite expensive. I live in PA. Thank you.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The HOA, in my opinion, should be made aware of your findings.

You did not say if the contractor repaired the beam itself.

The HOA would, in my opinion, only pay for the repair of the beam.

You did not indicate if you notified the Association of the rotted beam when it was discovered or if the Association sent someone to look at it.

If you did not inform the Association at the time, then it's simply your word against theirs that the beam had to be repaired (expecting you paid for the repair of the beam).
Hopefully, you took pictures.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By EdB12 on 02/04/2024 7:45 AM
Our HOA is going through a complete remediation project, replacing wood with vinyl siding. A special assessment for all homeowners was made to pay for the project. A contingency fund was established to pay for structural issues when the wood was removed. They dug out around my outside first floor deck to update all the trim, which I paid for separately since decks are not covered by the hoa. When doing so they found the corner beam was rotted below ground. They tore off my entire deck, put footers in, and will rebuild w pvc materials. My question-since the beam holds up a large portion on the roof (more than just the deck) should the hoa cover some of the costs as structural damage? Likely to be quite expensive. I live in PA. Thank you.

You can write a letter and ask for the HOA to cover an appropriate percentage (half?). Cite the appropriate sections of the Declaration. Include nothing but the facts. Emotion is useless here and in general in communications with HOAs. Consider sending the letter by certified mail.

If the HOA ignores the letter or refuses, then you would have to weigh the cost and aggravation of lawyering up, with no guarantee of prevailing, against just paying for the footers yourself.

EdB12 (Pennsylvania)
Posts: 4

Posted:

Thanks Ellen. Helpful. BtwWe used to live in Eagle.

EdB12 (Pennsylvania)
Posts: 4

Posted:

Thanks Tim. I will follow up with the Board.

MichaelS56 (Minnesota)
Posts: 858

Posted:

You should have been informed about the deck issues before any deck was removed. A conversation with both the contractor and the Board should have occurred to understand what the job entailed and who pays for what. The deck is not the responsibility of the HOA and yet they appeared to decide what was to happen. Were your deck board rotten?

KerryL1 (California)
Posts: 14,550

Posted:

To help me understand: you own a detached home? If yes, I'd think you're responsible for the beam.

Is the HOA responsible for the roof i.e., is the roof, by chance, common area?

Reviewing the contract may provide insights into what the HOA will cover. You also may wanton review your covenants or decoration or CC&Rs to read the obligations of Onwrs vs. the obligations of the HOA for various structural aspects of your home.

EdB12 (Pennsylvania)
Posts: 4

Posted:

3 homes are attached throughout the community and the hoa is responsible for the roof. Going to delve into by laws and rules, regs…thx

KerryL1 (California)
Posts: 14,550

Posted:

So your home and 2 others are attached and all share the same roof. The roof is common area. Thanks, Ed.

Re: who's responsible: this most likely will be in your CC&Rs (aka covenants; declaration; deed restrictions, not in your Bylaws or Rules). There should be an Article in your CC&Rs about Maintenance Obligations or similar.

Since that beam supports more than solely your Unit, I'm thinking it may be entirely the HOA's responsibility.

KerryL1 (California)
Posts: 14,550

Posted:

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