Need Advice! Roof Leaking- HOA won't fix - Posted by steffycas

Posted by steffycas on December 08, 2007 at 21:55:16:

I will get started on this Monday. I thought that the person I spoke to from HOA’s management was just talking smack. I knew somebody on this board would help. You guys are awesome!

Need Advice! Roof Leaking- HOA won’t fix - Posted by steffycas

Posted by steffycas on December 07, 2007 at 18:30:34:

I own a rental condo with roof considered common area- HOA to repair, replace, etc. I have paid the assessment for replacement but no work done yet. Big storm last weekend, big leak in upstairs bedroom ceiling. Reported to HOA, filed paperwork; they never even looked at it. Another big storm- still leaking, damaging ceiling. HOA says they have 30 days to assess and repair/replace. Claim if I do any work then it’s at my expense and I assume all future costs for roof, also claim HOA not responsible for subsequent damages to inside of condo. Any advice? I am in AZ. Thanks in advance.

Offset against HOA rent you pay - Posted by John Merchant

Posted by John Merchant on February 07, 2008 at 08:40:12:

You could also claim what the HOA and its insurance owe you…as a legal “offset” against the HOA dues you pay it.

e.g. you owe it $500 per month and your unpaid damages are $2500…that’d be 5 months credit you’d maybe be entitled to arising from the HOA’s debt back to you.

Talk to your lawyer and get his advice on this before claiming such an offset as there might be other factors to be considered here before making that claim.

Get the HOA Insurance… - Posted by Rich-CA

Posted by Rich-CA on December 07, 2007 at 22:10:27:

Get the insurance agent name and number. Then file a claim for damages. The HOA has an obligation to keep the roof from leaking and is liable for any and all damages resulting from their failure to act in a timely manner.

Make sure you include in the claim loss of rent and anything you have to pay to house your tenant while they “get around to it”. AFTER you open the claim, send a letter to this effect to the HOA along with the claim number. Tell them that you are very upset with their slow response to an emergency situation that rendered your unit uninhabitable and that they will be liable for all costs associated with their negligence.

I would have an attorney write the letter to ensure it has a reasonable amount of seriousness behind it.