More details to this question:
Part of my condo roof is FLAT. It has had 2 leaks, which were fixed when I reported the leaks. The Board got an inspection done over 5 years ago. It recommended replacing all the flat roofs within 5 years, but they did not do it. Our CC&Rs say Assocation is responsible for ROOF MEMBRANES, .... My flat roof had a leak a few years back... we detected it early --by luck. We are responsible for water damage caused by leaks. Can I make the Association re-do the small flat portion of my roof? They told me my condo insurance would cover any water damage...so why worry ? They don't have the money, of course, is their excuse...BTW, the prior roof job was horrible as the board readily admits...the company made many mistakes and are no longer even in business.
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Based on what you have described I think that the HOA probably has an obligation to repair your roof and pay for any damage associated with their failure to do so. In order to give a concrete legal opinion though I would have to review the association's CC&Rs.
Thanks,Jon
Answered on Sep 09th, 2014 at 10:06 AM