Questions & Answers

Hi there, The answer to your question will be found in your governing documents or CC&Rs of the HOA. Your declaration should determine whether the HOA or individual homeowner is responsible for specific damages. I would initially ask your board and/or their attorney to explain the reasoning for the 25/75% split on the repair costs and support the rationale with specific sections from your HOA's declaration. There may be room for negotiation here as well. If the HOA is slow to response and you need immediate action, be sure to keep all of your receipts regarding the repairs as you may be able to recover them through litigation or negotiation at a later time, plus you will need them to claim the current 25% being offered. If you are not satisfied with the HOA's response and believe it is misinterpreting the pertinent sections, you should considering hiring a real estate attorney that specializes in HOA matters to review your issue. In general, I do find it unusual that the HOA is willing to pay only a portion of the repair fees as it is often the case that either the HOA or owner is 100% responsible for specific types of repairs.