Wind damage has blown siding off my condo with no communication by the HOA with support. How long do I remain quiet before getting an attorney?
Another HOA is telling me siding from another condo due to rotten wood is not the responsibility of HOA and dues I have paid for over 12 years now. It is the exterior that is damaged?
According to the Virginia Condominium Act § 55.1-1955(A):
“Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities, including financial responsibility, with regard to maintenance, repair, renovation, restoration, and replacement of the condominium shall belong
(i) to the unit owners’ association in the case of the common elements and
(ii) to the individual unit owner in the case of any unit or any part of such unit, except to the extent that the need for repairs, renovation, restoration, or replacement arises from a condition originating in or through the common elements or any apparatus located within the common elements, in which case the unit owners’ association shall have such powers and responsibilities.
Each unit owner shall afford to the other unit owners and to the unit owners’ association and to any agents or employees of either such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements or any unit through which access is taken, the unit owner causing the same, or the unit owners’ association if it caused the damage, shall be liable for the prompt repair of such damage.”
As such, it is important to identify whether the siding is a common element or if the damage resulted from a condition originating in or through the common elements. In both cases, the association shall bear the responsibility for repairs and maintenance. It is a good idea to show this law to your condo board and give them a chance to rectify the matter before pursuing legal action.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.