The townhome community suffered roof damage and the HOA is now saying they are not responsible for replacement?

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The community of town homes had roof damage during the recent storm in Florida. The HOA by laws allows them to paint outside, power wash every year, maintain the roof, maintain the grounds. Now that units have had roof damage they are saying that their insurance does not cover replacement. The roof is common property as there is no clear mark where one home starts and ends. Shingles from one home overlaps the one beside. The HOA is there to create uniformity in the community. How will that look when everyone does their own replacement. We don't paint outside as they want uniformity. The homes were built in 2005-2007 The by laws state" Association shall be responsible for maintaining the roofs of all homes" we pay HOA fees every month and something is set aside for roof repair. Help!!!! We need a class action lawsuit?

Attorney Answers

3
Francis Boyer ·
I tend to agree with you. The HOA insurance should cover the repair, may be not the replacement, but then the HOA should pay for it, even if it raises a special assessment for that. Ask for copy of the insurance policy or at least of the latter fro the insurance company. I would be surprised if the HOA already field a claim and got a negative response in writing. Some people do not have power as I write.
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Michael SlickForeclosure AttorneyDaytona Beach, FL ·
There are different types of HOAs with different rules and regulations. You will first need to look at the documents governing your property. The HOA can require uniformity without having ownership or responsibility for the roof. If each owner owns their individual roofs they will likely be responsible for making the repairs. Again, you have to look at the documents to see what your rights are. I would suggest hiring an attorney to help you review the documents and advise you as to your rights and obligations.
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Barbara Stage 1237914.Html ·
You don't want a class action lawsuit. The lawyers make lots of money and the owners would get less than expected, maybe not enough to pay for the roofs. Plus it will take years to resolve. I suspect what may be going on is the association doesn't have insurance. Most declarations for town homes require the association to maintain the roofs. The insurance will not pay if the roofs were in bad shape due to lack of maintenance or if the association didn't renew the policy. You can send the association a demand letter for the certificate of insurance to find out. By law the association has 30 days to provide the certificate. Cite Fla. Stat. §627.4137 in the letter. You best option, in my opinion, is to submit the matter to pre-suit mediation, which is required by law for HOAs. That is usually an eye-opener for them to take you seriously.
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