Question:
Who is responsible for a roof leak that causes water damage to interior of condo?
Should insurance get called in on roof leak? Who’s insurance? HOA blanket policy or homeowner policy?
Who is responsible for previous board actions?
Does previous board neglect to properly take care of roof leak and damages fall upon current board to fix? Who pays for fixing past roof leaks and damages?
– Sue
Answer:
Hi Sue,
According to the Washington Condominium Act Section 64.34.328(1), the association is responsible for the upkeep of common elements and limited common elements, while unit owners are responsible for their own units. Typically, roofs fall under the association’s responsibility and the association may be responsible for its repair and upkeep.
If both the common elements and individual units sustained damage from the leak, both insurance policies may be applicable. Kindly review the policies and speak with your respective insurance agents for further verification. As for the previous board’s actions, they typically become a responsibility of the association itself. The current board may need to take measures to correct the previous board’s actions or negligence. The cost of maintenance and repair is typically taken from the HOA’s funds. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
