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PatriiciaR (Texas)
Posts: 32
Posted:
Our documents state that is we damage a common element that we are responsible. We have uncovered numerous areas of destruction due to leaking windows since they are 40+ years old. Most units have replaced their window but the new window still leak because they weren't properly installed. The HOA has back charged all this damage to the units. I, as the Board President felt as if we require our owners to repair then I also need to repair damage. I noticed a rotted trim next to the hard board and brick. I had our contractor come out and check for damage and there is damage. My hope was it's was HOA because of the trim but that won't be determined unit all hardy board is removed. Our contractor does believe some of the damage is my responsibility. I called my insurance and had an adjuster come out to meet with him. They have since denied my claim because our HOA does not require us to cover common elements in our insurance but they can back charge us for the damage. I feel this is no different than damage to another unit. I have never heard of specific insurance to cover Common Element damage. I would have never know this damage was there because there is no leak, no visible damage inside just rotted trim and wanted to be proactive. Any help would be much appreciated.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Are window replacements the responsibility of the HOA or of the individual homeowner?
PatriiciaR (Texas)
Posts: 32
Posted:
individual owner
DeanJ
Posts: 1,786
Posted:
I live in a house. I fail to ever have the roof inspected and one day I notice damage in a wall due to a leak. My homeowners insurance is not going to cover my failure to perform proper maintenance.

In your condo, the windows are your responsibility. You failed periodic maintenance by not performing periodic inspections and maintenance. As a result, common element of the HOA was damaged due to your negligence. Insurance isn’t going to cover that.
DeanJ
Posts: 1,786
Posted:
I live in a house. I fail to ever have the roof inspected and one day I notice damage in a wall due to a leak. My homeowners insurance is not going to cover my failure to perform proper maintenance.

In your condo, the windows are your responsibility. You failed periodic maintenance by not performing periodic inspections and maintenance. As a result, common element of the HOA was damaged due to your negligence. Insurance isn’t going to cover that.

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