Subject: HOA Claim Responsibility for Roof Damage Post-Hurricane
We live in a Florida townhome governed by an HOA, and we have an HO3 policy in place. After Hurricane Milton, we discovered damage to our roof that resulted in leakage into the garage.
Upon notifying the HOA about the damage, we were informed that following a “named storm,” individual owners are responsible for roof repairs. While the HOA arranged for the repairs to be handled by our designated roofing company, we were given the option to either pay out of pocket or file a claim with our personal insurance. The cost for the repair is $2,000, but since our hurricane deductible is significantly higher, we are considering paying out of pocket—assuming the HOA is indeed not liable.
We have reviewed our bylaws but can’t find any clause stating that the responsibility for this type of repair lies with the owners. In previous instances of roof leaks, the HOA has covered the costs. We have asked the board members to clarify where in the bylaws it states that we are responsible for this situation, but they have not provided a response.
Does anyone have insights or similar experiences? I’m also planning to share this on the HOA subreddit.
Thank you!
It sounds like you’re dealing with a frustrating situation. Here are a few points to consider that might help clarify your responsibilities and options regarding the roof damage:
Review Your Bylaws: While you mentioned you have a copy of your bylaws, it’s crucial to read through them carefully to identify any sections that detail the HOA’s responsibilities versus the individual homeowner’s responsibilities in case of damage, especially from named storms. Look for sections related specifically to common areas, repairs, and maintenance.
State Laws: Florida law can sometimes dictate certain responsibilities related to hurricane damage and how HOAs should handle them. It could be beneficial to research Florida statutes regarding HOAs and insurance coverage.
HOA Coverage: If the HOA has insurance that covers certain types of damage, it’s worth asking whether that policy includes roof repairs under the circumstances you’ve described. They may be obligated to file a claim on their policy, especially if they routinely cover such repairs.
Request Written Documentation: If the board isn’t providing clarity, formally request a written explanation of the basis for their position. This keeps everything documented and can be useful if you need to escalate the situation or seek legal advice.
Consult with an Attorney: If the situation remains unresolved, you might consider reaching out to an attorney who specializes in HOA law. They can provide specific guidance based on your bylaws and local laws.
Collective Action: If other homeowners in your community are facing similar issues, consider approaching the board collectively. There’s strength in numbers, and a united front may encourage the board to address concerns more thoroughly.
It’s important to understand your rights and responsibilities clearly, so taking these steps may help you find a resolution. Good luck!