Who pays for roof damage caused by a HOA hired roofing vendor replacing skylights.

Started by LindaS47 • 7 replies • 167 views

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LindaS47 (California)
Posts: 1

Posted:

Our HOA is replacing sky lights. When one resident had the old skylight removed old damaage was discovered. The owners believe it the causitive factor of interior water leakage causing soft walls and posssible mold . The Board is claiming they are not responsibe for the interior damage only the exterior. HOA is in the in the sate of California.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Probably you unless you can prove negligence by the Association.

Personally, I would simply make a claim with your insurance company (who will address the issue).
Provide a copy of your governing documents to the insurance company and let them determine who will pay (insurance company to insurance company).

The AI response when asking that question on the internet is:

In California, when a condominium roof leak causes interior damage, the individual condo owner is generally responsible for repairing the damage to their unit's interior, including walls, floors, and personal belongings. The Homeowners Association (HOA) typically handles roof repairs and maintenance of common areas. However, if the HOA was negligent in maintaining the roof or delayed repairs, they may be held liable for the interior damage.

Condo Roof Leak Interior Damage: Signs and Solutions from a roofing company

Does condo insurance cover water damage? from an insurance company

KellyM3 (North Carolina)
Posts: 2,239

Posted:

I can't recommend filing an insurance claim - just yet - unless absolutely necessary. There is a record of "owner negligence" in paying attention to the function and maintenance of the leaking skylight. That's one loophole. Next, the word "mold" is mentioned, which even in theory, we get close scrutiny by an insurance adjuster. And no, I don't think the owner is negligent for a slowly leaking skylight.

I hope this owner will get someone to look at the alleged damage and, while expensive, consider filing a claim. If denied, it still goes as a mark on one's insurance. I had an HOA water matter go sideways over a mold remediation claim. It earned us a rejection as an insurance claim, then a demand for repairs we didn't foresee, at our expense, as a condition of keeping our policy.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Mold is nearly always a maintenance issue unless you live in a climate when mold can grow practically overnight after a storm. In my part of the world, it takes about 4 years for mold to make itself known. And it may be the first sign of a leak or other problem.

Since this was not the result of an insurable event (*), then the mold is a maintenance issue. If your CC&Rs state that owners are responsible for "maintaining" the interior of the home, then the interior damage is very likely homeowner responsibility.

I agree with the recommendation to file a claim with your insurer.

(* An insurable event is one that is sudden, unpredictable, and could not have been prevented by normal prudent maintenance. These include storms, earthquakes, wildfires, etc.)

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By LindaS47 on 08/02/2025 8:26 PM
Our HOA is replacing sky lights. When one resident had the old skylight removed old damaage was discovered. The owners believe it the causitive factor of interior water leakage causing soft walls and posssible mold . The Board is claiming they are not responsibe for the interior damage only the exterior. HOA is in the in the sate of California.

If the skylight is the HOA’s responsibility to maintain, the HOA is also responsible for the interior damage.

This issue is no different than a leaking roof.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TimB4 on 08/03/2025 4:42 AM
Probably you unless you can prove negligence by the Association.

Personally, I would simply make a claim with your insurance company (who will address the issue).
Provide a copy of your governing documents to the insurance company and let them determine who will pay (insurance company to insurance company).

The AI response when asking that question on the internet is:

In California, when a condominium roof leak causes interior damage, the individual condo owner is generally responsible for repairing the damage to their unit's interior, including walls, floors, and personal belongings. The Homeowners Association (HOA) typically handles roof repairs and maintenance of common areas. However, if the HOA was negligent in maintaining the roof or delayed repairs, they may be held liable for the interior damage.

Condo Roof Leak Interior Damage: Signs and Solutions from a roofing company

Does condo insurance cover water damage? from an insurance company

Lack of a periodic inspection schedule is negligence.

LetA (Nevada)
Posts: 2,679

Posted:

Talk with a home inspector, see if they can prove negligence. If the hired contractor caused the damage, the vendor's insurance
is responsible.

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