HOA Mandating Owners to Pay for Roof Damage After Hurricane
We reside in a townhome in Florida governed by an HOA. For context, we hold an HO3 insurance policy. Following Hurricane Milton, our unit suffered roof damage that caused leaks in our garage.
Upon discovering the damage, we promptly informed the HOA. They informed us that after a “named storm,” individual owners must cover the cost of roof repairs. The HOA has arranged for a repair service, but we have the option to either pay for it ourselves or file a claim with our personal insurance. The repair cost amounts to $2000, but since our hurricane deductible is much higher, we’re inclined to pay out of pocket if the HOA is indeed not liable.
We have reviewed our bylaws, but we can’t find any indication that we are responsible for this repair. In previous instances of roof leaks, the HOA has covered the costs. We’ve asked board members to clarify where our bylaws state our responsibility in this situation, but they have not responded.
Has anyone dealt with a similar issue or have any insights? I will also share this in the HOA subforum.
Thank you!
It sounds like you’re in a frustrating situation. In many HOAs, the bylaws and governing documents delineate responsibilities between the association and the individual owners, especially regarding repairs after storm damage. Here are some steps you can take:
Review the Bylaws Thoroughly: Even if you haven’t found the information yet, it might help to closely examine any sections regarding maintenance responsibilities, especially in relation to storms or natural disasters. There may be specific language regarding “named storms,” or perhaps there’s a distinction for structural versus cosmetic repairs.
Request a Written Explanation: Since the board has been unresponsive, consider formally requesting a written explanation of their interpretation of the bylaws. This creates a record of your inquiry and may prompt a more thorough response.
Check State Laws: Florida has specific laws concerning HOA responsibilities and homeowners’ rights. It may be beneficial to review these laws or consult a legal resource to better understand your rights regarding repairs.
Speak to Neighbors: If other homeowners have had similar situations, it can help to gather their experiences. There may be a precedent in your community that reinforces your position.
Consult with an Attorney: If the situation escalates, it may be wise to consult with an attorney who specializes in HOA law. They can provide you with advice tailored to your specific circumstances and help interpret the bylaws accurately.
Consider Mediation: If you continue to have difficulties with the HOA, mediation could be a route to resolve the dispute without escalating to legal action.
Overall, documenting everything and staying informed about your rights will be key in addressing the matter effectively. Good luck!