Roof Repairs Needed - Apathetic HOA - HELP!!!

Hi folks - I could use some help. I have a condo that's part of an 11-unit HOA. My specific condo is part a "triple decker" in Boston. I own the top two floors.

Last year, I noticed some water damage in my ceilings. I filed an insurance claim, but it was denied for various reasons. However, the cause of the damage was deemed to be improperly installed rubber roofing in a couple of locations.

This is also affecting the unit below us. Our deck sits on top of a bedroom in the unit below us. Their roof is leaking significantly, and in order to fix their portion of the roof, our deck would need to be removed.

The HOA has taken no steps to address this, and I'm afraid that there could be further damage to the interior of our units if we don't fix this soon. I also want to make repairs to our deck (parts of the railings are giving away), but I don't want to invest in deck repairs if the whole thing is going to need to be removed.

My HOA leadership changed last year, and the current board of trustees is very apathetic. It is like pulling teeth to get a response from my emails. I can't remember the last time we had an HOA meeting.

Can anybody please advise on what I can do? Who I should talk to?

Thanks!
Sarah

There are 11 units, 2 are affected - 20% of the units.. The apathy is possibly a result of the association not having adequate reserve funding to address the issue and a board not wanting to pass a special assessment, which may require passage by the majority of the owners.

At this point, it is important t to document the damage you have now with photographs and send the photos with another letter to the board. If they do not respond in 30 days, your next step is to get legal advice. It appears your state may have both a mediation and binding arbitration procedures in place for home owners.

Thanks folks - appreciate the feedback.

I combed through my condo docs this afternoon and verified that the HOA does cover the roof (I included relevant snippets below). I also found a copy of our financials from last year, and we had barely enough to cover operating expenses (snow removal, lawn care, etc.). I imagine we have nothing in reserves to cover the cost of the roof repair.

What would be Step #1 to force action on this? Write a letter? Request a meeting? I'm at a loss. The previous HOA managers were very much on top of things and we never had to aggressively push to get things done

From the deed:

"The common areas and facilities of the Condominium (the "Common Elements") consist of the entire Condominium, including al parts of the Building other than the Units, and include, without limitation, the following:
....

(b) The foundation, basement, structural columns, girders, beams, supports, exterior walls, roof, entrances and exits of the Buildings, and common walls within the Buildings.
"

From the HOA by-laws:

"The Board of Trustees shall have the powers and duties necessary for the administration of the affairs of the Condominium and may do al such acts and things except as by law or by the Master Ded or yb this Trust may not eb delegatedot hte board of Trustees by hte Unit Owners. Such powers and duties of the Board of Trustees shal include; but shall not be limited to, the following:

(a) Operation, care, upkeep and maintenance of the Common Elements."

Do you know if your HOA has a reserves account? If so, request it and see if roofs are being funded by your reserves. Also see iii decks are funded by reserves. While decks aren't specifically named, the passage does say " without limitation," items unnamed must be HOA responsibility too.

How often do your Bylaws says the Board must meet. Must Baord meetings be open for owners to attend in Maryland?

With others, I, too, suspect, the Board has not been funding your reserves correctly so there aren't enough funds to make repairs.

With Tim, Dean & JohnC, I'm feeling like you may need to consult with an HOA attorney.