Your roof is attached to your neighbor’s. who is responsible to replace your damaged roof – you or your HOA?
When you live in a villa or a townhome and your building is under one roof system, who is responsible to replace the roof when the roof needs replacement? That can sometimes be tricky. If your HOA documents state the roof is owned by you, then technically, the roof is your responsibility and it falls on you. But how are you supposed to replace only your roof when your roof is shared with your neighbors under one roof system?
Generally, in situations like this, the HOA will set funds aside for the roof replacement in their “reserves”. This is an important factor that you should know and understand. You should contact your association to find out what their role will be in this situation.
Back after Hurricane Wilma in 2005, I represented a client who owned a townhome. Although the roofs were the responsibility of the individual homeowners, they were also attached to their neighbor’s roofs. At that time, the association had been poorly run and many homeowners were defaulting on their monthly payments. The association was out of funds and could not assist the community with their roof replacements. Each homeowner filed their own insurance claim and some began replacing their roofs.
Once this happened, the roofs in the community no longer matched and they lost consistency in the appearance. In addition to this, because one homeowner replaced their roof and another didn’t, the tie into the other roof was difficult and the “old” roof system leaked causing damage to the unit with the new roof. I know this for a fact because it happened to my client, and although she replaced her roof and completed all her interior repairs, her neighbors did not replace their roof and it leaked into her home causing interior damage again.
It is important to read and understand your homeowner association documents to know what portion of repairs is your responsibility and what are the association’s responsibility. I also recommend that you know the financials of your association and attend all meetings when they are scheduled.
You can always rely on Reliant for any questions relating to your insurance policy and homeowner’s documents. Call 561-288-6343 or contact us HERE for a free policy and document review.
3/29/2023 04:13:23 pm
Living in a shared building under one roof system can be complicated when it comes to roof replacement. It's important to understand the HOA's role in this situation, as they may set funds aside in reserves for roof replacement. In some cases, individual homeowners may need to file their own insurance claims and replace their own roofs, but this can lead to inconsistencies in appearance and potential damage to neighboring units. Homeowners should read and understand their association documents and attend meetings to stay informed on financial matters.
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