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water damage, HOA is clueless!

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rainee72

Junior Member
undefinedWhat is the name of your state? CA

Hello,
I moved in my condo about 9 months ago & did have an inspection at the time of sale. We've recently had very heavy rains that have caused property damage to my garage & laundry areas. The leaks are coming from the roofs & they are clearly evident because when it rains, there is no proper drainage & the rain just sits for days. I've taken pictures of the damage & of the rain sitting on the roofs. The leaks are also dangerously close to the electrical lights & garage door opener in the garage which i'm afraid will cause a fire. I've contacted the property management months ago when the rains first began & they've had a roofer out to inspect the damage & make his report to the HOA. I just recently received a newsletter from the HOA that states since the CC&R's are "unclear about who's responsible for damage to the leaking roofs (seems i'm not the only one who's reported damage) & to provide "fairness & uniformity the financial responsibility is the homeowners" It says this procedure will limit negligence & keep dues down & property values up.
What can i do??? The roof was obviously damaged before I moved in & was not disclosed by the former owner or noted in the inspection. Aren't the monthly dues I pay supposed to cover this type of damage? The HOA has obviously received several complaints because the roofer who inspected my garage said he'd been out to my complex all week inspecting damage from other units. So is the HOA just trying to get out of paying for the damage?
When i first called the property management company, they did say they're responsible for the roofs but the homeowner is responsible for doors (my garage door was also damaged from the leaks) So they admitted back then they were liable & authorized someone out to inspect the damage but now the HOA board is saying different?

Please advise!!
 


wannabe

Junior Member
Here are some clues.

You are the HOA.

You should have a copy of the CC&Rs.

Your Board is to manage the CC&Rs.

Your condo fee pays for management of your HOA.

Your CC&Rs should define Common Elements (roofs, garages, driveways, etc). It would be rare indeed if a roof is not a Common Element. Check the HOA budget and see if there is an item for Matenance Reserve. Then talk to your fellow owners about the situation. Check your CC&Rs to see is there is a provision for owners to call a special meeting. Remember, you elect the Board. The CC&Rs should provided for removing Board members.

Take charge!!
 

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