Are windows HOA responsibility?

However, according to our legal documents, the windows are not common elements, but are part of our unit. We are thus responsible for the maintenance and replacement. They are defined in the legal document called the declaration. In some associations, windows are part of the common element and in others they are units.

Who is responsible for damage caused by a leaking roof?

Clearly the association is responsible for the damages to its “own” property caused by the failure of the roof to do its job. If the roof leaks and the perimeter walls (and/or ceiling and/or floor) of a unit (but not the finishes) are damaged as a result: The association is responsible for the MRR of the walls,…

Can a condo association be liable for roof damage?

However, an association could have a routine and apparently proper repair/replacement policy on which it follows though in a timely manner, with the result that it could argue that it has not breached its duty to keep the roof (or the particular CE at issue) in good repair.

Can a home buyer hold a seller responsible for a roof leak?

Sometimes an older roof will have a certification that also carries a guarantee. If it’s still under the certificate, call that person. Even if the seller is responsible, this can be an easier way to get your leak fixed.

How can I get my leaking roof fixed?

Even if the seller is responsible, this can be an easier way to get your leak fixed. Before calling your seller, check the disclosure statement that she should have given you when you first started the process of buying the house. If the seller disclosed that the roof previously leaked, you may have trouble getting her to pay for it.

Who is liable for homeowners association water damage?

If the liable party is the homeowners association, then the claim must be filed with the insurer of the master building policy or the master HOA policy. Conversely, if the liable party is the homeowner, then the claim must be filed with the insurer of the individual policy.