Another day, another repair dilemma

Any suggestions on how to deal with the following are greatly appreciated!

When our community was built (1972), all of the homes had patios (there are 156 units, all townhomes, most two story, but some ranch style). Over the years, some homeowners converted their patio area into a type of sunroom, most of which were outfitted with rubber roofs.

During yesterday's board meeting, one homeowner (accompanied by her son) told us about a roof leak on her room addition. They had it patched last year, but apparently the problem has worsened to the point that it needs to be replaced, and there's some other repair that's needed underneath the roof.

The problems? First, the Association has a ton of delinquencies and so there's really no money for repairs, at least not now. Second, I question whether the Association should be responsible, since any upgrades to a unit are generally considered to be the homeowner's responsibility, and these room additions weren't part of the original building. At least that's how I interpert the CCRs. However, it would appear previous boards read the part in the CCRs about the Association being responsible for roofs and that's why it covered previous repairs. When I joined the board 6 years ago, I remember hearing lots of talk about repairs to rubber roofs, but didn't pay too much attention at the time because I assumed the original homeowner requested them at the time their unit was built.

Anyway, these folks say they don't have the money for repairs (it may cost at least $4K). Our president, who's been here nearly as long as this homeowner, also interperts the CCRs in the same way the previous boards did - the property manager and I think otherwise(I'm also the treasurer, so I guess that makes me the designated "hardass")

It seems to me we need to determine once and for all if the CCRs cover homeowner upgrades like this and if they don't, make a formal motion and advise homeowners that the Association will no longer cover such repairs. On the other hand, since a precedent has been set, maybe we should bite the bullet, cover this repair, but then tell the homeowners they're now on their own because the Associaiton shouldn't have paid for any repairs in the first place. OR we can split the repair costs with the homeowner and then they're on their own.

So, has anyone had a situation like this? How did you deal with it? Thanks in advance for any advice.

I agree with Michele. If an HO added a roof, it should be their problem.

Sheila this is a question I definitely would put to the Associations attorney for an opinion. While I would assume like you that only the townhome roof structure is covered, if these additions were allowed and approved by the Association then the Association may have assumed responsibility for them; sort of the law of unintended circumstances.

If as I (and you) suspect it is not the Associations duty to maintain them then you need to notify all the H/O that it is their duty to maintain them. When they complain that the Association has paid in the past, inform them that it was an error and that the Association is looking into recovering the money expended in error. More than likely you will not be able to recover it, especially if it has been more than two years (check your local statute of limitation). When they complain further and they will, let them know that if they want the Association to maintain them then the documents will need to be changed and monthly assessments will need to rise X dollars to do it.

Shelia,

I live in a hoa with townhomes and our dos are very specfic..the owners are responsible for the upkeep of their properties and the hoas is responsible for landscaping and the common areas. What do your docs say?