Association Maintenance Responsibilities -- Water Leakage

Started by KarenE3 • 5 replies • 3656 views

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KarenE3 (Ohio)
Posts: 1

Posted:

I am on the board of a new homeowners association. How do I find what is the common area of the buildings and what is owned individually by the homeowners? These are 4-unit buildings -- either cluster homes or condos (not sure) in Ohio -- with a homeowners association, not a condo association. We were told that the exterior (roof, gutters/downspouts, siding -- but not windows and doors) would be the associations responsibility for insurance, maintenance and repair. And who typically owns the outer foundation (basement)? Where would I find that information? I don't see it on the governing documents (declaration and by-laws). So, when there's a leak from the roof area into a home, should the association find the cause the repair? And, if there is water coming into someone's basement, should the asociation find the cause the repair? And, does the association have the right to decline repair for example if someone's inside basement walls are damp?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Karen,
Believe it or not, who pays for what IS somewhere buried in those documents. It might take a Philiadelphia lawyer to understand it. Look under common structural elements or limited structural elements. You also might have a section on association and owner responsibilities but it must be spelled out. Otherwise it would be a free for all of association verses owners.

In my villa association where 2 units share common walls and roofs, the association is responsible for any sub structure and foundations. Water coming in would belong to the association to fix. Your roofs would be the associations responsibility to repair any leaks, along with repair or replacement to any part of the sub structure including roof, rafters and joists but not the drywall. That usually is owners to repair.

BobS10 (Connecticut)
Posts: 39

Posted:

Donna, I can certainly relate to this post, both as a board member and as a unit owner with water coming in.
Wouldnt it be the association/property mgmt responsibility to replace sheet rock that is damaged from water coming in via a leak in the outside structure?

GloriaM (North Carolina)
Posts: 829

Posted:

Not all CCR's are alike; therefore to say the HOA would be obligated to fix the sheetrock can only be answered in your governing documents and or your insurance policy as well for damage claims.

Party walls shared by 2 units can sometimes read in the governing documents that the expense to repair would be split between the 2 owners that share the wall. It is difficult to say what is HO responsibility or HOA obligation without reviewing your specific CCR's.

I have see where the HOA would be responsible from the skin out and the Owner from the skin in; I have seen where anything that solely services the unit is the HO responsibility.

Look at your governing documents to see who is obligated for what.

DorseC (Colorado)
Posts: 1

Posted:

I am a HOA board member. Our condo building has had four units damaged by roof leaks. The association paid $5,000 to repair the wall board and floor to the first unit damaged. They also paid out a huge sum for the second unit. Now a third and fourth unit have been damaged by the same type of roof leaks.

At the last meeting when the request to pay damage to the 3rd unit was presented, I made a motion to pay for the third damaged unit. No one would second the motion and the motion was tabled for two months. The president of the board made the comment that those who live on the 4th floor have the views and can pay for their own damaged walls and floors. I live on the top floor. She lives on the first floor and has stated she does not want the HOA dues to be increased due damage payout to residents. She feels that the association is only responsible for the outer roof repairs. Please need some guidance. Dorse Cooper
[email protected]

PaulM (Pennsylvania)
Posts: 1,347

Posted:

DorseC: Read all the responses prior to your posting of this situation. Your association's responsibility is in YOUR documents. Further, what the Board or association has done in the past by paying for some repairs to wall board and floor, but now will NOT allow payment for the same repair to a 3rd unit, does not and should not predict what will be paid for in the future.

Your documents tell the tale and will instruct what the Association is responsible to repair and maintain. IF roofs and wall board and floors are NOT part of Association common expenses, as specifically listed in the Declaration, then it was wrong of the Association to previously fund repair for same, and certainly not to pay in going forward.

However, you do not state how old your units are. Is there an outside chance this is a structural issue based on poor roof construction by the builder/developer and the affected owners require satisfaction from him?

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