HOA Requests Owners to Pay or File Individual Claims for Roof Damage After Hurricane
We reside in a townhome in Florida within an HOA community and have an HO3 insurance policy. Following Hurricane Milton, our unit’s roof was damaged, leading to leaks in our garage.
Upon discovering the damage, we promptly informed the HOA. However, they informed us that for “named storms,” individual owners are responsible for roof repairs. The HOA did coordinate the repairs with our roofing service, but we were given the option to either pay out of pocket or file a claim with our personal insurance. The repair cost is $2,000, but since our hurricane deductible is significantly higher, we would prefer to pay out of pocket—assuming the HOA is indeed not liable.
We’ve reviewed our bylaws but have been unable to find any clause that indicates we’re responsible for this type of repair. In past instances of roof leaks, the HOA has covered the repairs. We requested clarification from board members on where in the bylaws it states we are responsible, but they have not provided a response.
Any insights or guidance would be appreciated! I will also share this on the HOA subreddit.
Thanks!
It sounds like you’re navigating a frustrating situation with your HOA regarding the roof repairs after Hurricane Milton. Here are a few steps you can consider taking:
Review Your Bylaws Thoroughly: Since you mentioned you have the bylaws, take another look to see if there are specific sections that outline the responsibilities of the HOA versus homeowners, especially concerning common areas and exterior maintenance (like roofs). Look for definitions and sections on maintenance responsibilities, insurance requirements, and damage coverage.
Check State Regulations: Florida has specific laws regarding HOAs and their responsibilities. Look into state laws related to hurricane damage and HOA obligations. The Florida Statutes may provide guidance on what is generally expected from the HOA in these situations.
Document Everything: Keep a record of all communications with the HOA, including emails, meeting notes, and any responses you receive (or don’t receive). This documentation will be helpful if you need to escalate the issue.
Consult with Neighbors: See if any of your neighbors have had similar experiences or if they’ve been able to clarify the HOA’s position. It might make sense to approach the board collectively if other homeowners share your concerns.
Communicate in Writing: If you haven’t already, consider sending a formal written request to the HOA board, asking them to clarify their position regarding your roof repair and to cite the specific bylaws that support their claim that owners are responsible for repairs after a named storm.
Seek Legal Advice: If you’re not getting any clarity from the HOA and feel strongly that the bylaws support your case, it may be worth consulting with an attorney who specializes in HOA or property law in Florida. They can provide specific advice tailored to your situation.
Explore Mediation or Formal Complaint: If all else fails, explore your options for mediation or filing a formal complaint with your state’s regulatory board for HOAs, if applicable.
It’s unfortunate that you’re not getting the answers you need from the board, but being proactive and persistent can help in resolving this issue. Good luck!