Our Roofer

Started by JeanS2 • 4 replies • 1177 views

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JeanS2 (California)
Posts: 3

Posted:

In a recent rainstorm the owner of the unit above was having a water leaking into his unit.
He phoned the company that had recently installed a new roof. He was told that someone wold be out to help him.
He said he went out on errands. Upon his return he noticed a tarp had been installed to protect his unit from water damage.

Whoever installed that tarp weighted it down with some 4 X 4 beams. The tarp unfurled and due to the wind the beams kept banging against the side of the building and against the windows that I had installed on my patio. Needless to say there are some broken windows.

The roofer refuses to answer my phone calls and I have sent him a certified letter.

The majority of the board (on which I sit) stated that I have a personal case against the roofer and it's not the board's problem.

The board also has its problems with this roofer. They wish to take action against him.

My question is: Can I take part in any action the board wishes to take against this roofer though I have my own action against him. My feeling is that I must recuse myself as action vote I'd have would probably be unfavorably disposed to this company. Am I wrong or right?

Jean Strauber

Please reply to this e-mail address: [email protected]

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Jean: Are the roofs the Association's responsibility or the responsibility of each unit owner? If it is the owner's, what action would the board be taking against the roofer?

IMO, you are correct in your assumption.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jean,

The Board hired this roofer to address the leaky roof as AN ASSOCIATION ACTION. The roofer in his attempt to do a quick fix, did not think ahead of any problems that may occur by his temporary fix actions. He is responsible to reapir your window and any other damage that was done by his temporary fix. He is responsible. This is up to the Board to get it fixed by him at no charge to the association. Not Your Problem, his. What the heck is the thinking of the other Board members? Do not pay this guy until the job is completely done.

HaroldS (Arizona)
Posts: 906

Posted:

Is this roofer a licensed contractor? Your board should file a complaint with the state agency that oversees this type of contractor. (In Arizona it is called the Registrar of Contractors.) They will get on his case and he will respond if he wants to keep his license. He is responsible for any damage caused by his "temporary" repairs.

GloriaM (North Carolina)
Posts: 829

Posted:

Jean:

Upon the hiring of this contractor didn't the board get his contractor's license number? Or a certificate of insurance? The board needs to put in a claim #1 to his insurance and #2 to the California Contractors Licensing Agency. Or the board could always choose to put in a claim with the HOA's insurance company and allow them to subrogate against the other insurance carrier.

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