Water flooding from Roof and Ground Floor

[taylorfrombaylor88]

It will be the hidden defects that are your biggest challenge. If you were aware that the roof leaked prior to your purchase and did not inspect for interior water damage, that is a problem, as would be a failure to closely inspect the roof to make sure adequate repairs were completed.

I understand the logic but I don’t understand how that is my problem.... the water damage from the roof. the previous seller had the issue, informed the HOA, and provided the fix. At the end of the day, the water from the roof is an HOA issue.

 

[quincy]

I understand the logic but I don’t understand how that is my problem.... the water damage from the roof. the previous seller had the issue, informed the HOA, and provided the fix. At the end of the day, the water from the roof is an HOA issue.

I agree that the roof appears to be an HOA issue, which is why you were advised previously to look over all of your HOA documents. But the facts of your situation are not clearly pointing to the HOA as the source of all of your woes.

You probably will need to seek out an attorney in your area eventually, if the HOA insurer refuses to cover the costs of repairs. You might want to consult with an attorney now to go over your options.

 

[taylorfrombaylor88]

I agree that the roof appears to be an HOA issue, which is why you were advised previously to look over all of your HOA documents. But the facts of your situation are not clearly pointing to the HOA as the source of all of your woes.

You probably will need to seek out an attorney in your area eventually, if the HOA insurer refuses to cover the costs of repairs. You might want to consult with an attorney now to go over your options.

most definitely. Appreciate your input

 

[quincy]

Can you tell how much of the roof damage was caused by the hurricane and how much was caused by faulty roof repair? I imagine that the HOA will be claiming that the hurricane is to blame for the roof and that the wood rot was a hidden defect.

Again, though, a personal review by an attorney can be helpful if you are struggling to get relief from the insurance companies.

 

[taylorfrombaylor88]

Can you tell how much of the roof damage was caused by the hurricane and how much was caused by faulty roof repair? I imagine that the HOA will be claiming that the hurricane is to blame for the roof and that the wood rot was a hidden defect.

Again, though, a personal review by an attorney can be helpful if you are struggling to get relief from the insurance companies.

It is hard to tell what was hurricane caused. Even if wood rot is hidden, the question is if I’m liable for the bones of the condo (load bearing wood behind the drywall that anchors the house).

 

[quincy]

It is hard to tell what was hurricane caused. Even if wood rot is hidden, the question is if I’m liable for the bones of the condo (load bearing wood behind the drywall that anchors the house).

That can get to the cause of the wood rot (e.g., long-ignored leak by seller, long-delayed repair by HOA) and whether the wood rot should have been detected long ago or whether the water damage should have been discovered by a home inspector.

The undisputed fact is that you purchased a home with wood rot. The difficult task ahead of you is to determine if the cost of repairs will now fall entirely on you, or if someone else or someone else’s insurance or your own insurance should cover all or some of the damage.

I can’t tell you how this will play out.

 

[festival]

Festival has made the same comments that I would have made so I'll sit on the sidelines for a bit.
Festival, do you have insurance background?

I don't have an insurance background, but I have handled a number of condominium insurance claims for my association. My first claim was perplexing, so I did some research to try to understand the legal background. I found a number of your posts, which were very helpful. I now understand slightly more than the average person.

 

[festival]

irregardless, the roof isn’t my responsibility to maintain. Any water getting in from the roof should be covered by the HOA or my home owner insurance. My home insurance has denied the claim in the third floor due to “negligent maintenance.”

If the roof maintenance is the responsibility of the association, and they were negligent, then my understanding is that your insurance should pay you for your damage, because you are not responsible for the maintenance and you were not negligent. Your insurance can go after the association's insurance to pay them back, but that is your insurance company's problem.

Perhaps inspecterjack can weigh in on this one.

I would go back to your insurance company and tell them that you are not responsible for the negligent maintenance, so they should pay you and work it out with the association's insurance (subrogate). See what they say to that.