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Condo association member forced to pay roof leak damage herself

Posted on Fri, May 07, 2010 @ 05:32 AM
  
  
  
  
The roof leaked into my condo. The condo association advised me they would pay for the damage and I needed 3 estimates. The contractors I contacted could not come out within the time period agreed I agreed upon with the property management company. I sent an e-mail to the management company that day asking for some of their contractors. I did not hear from them, and one month later I received a letter from a lawyer telling me I had to get this fixed by a date in the letter or the condo board would not pay for it. I am now being charged for the lawyer fee. (With that I had my insurance co appraise the damage).

 

I do not think I should pay this legal fee because I was within the dates agreed upon. I do not see anything in the rules or condo association bylaws saying I have to pay this. When I asked the management co, for a ByLaw that shows I need to pay this, they tell me it is up to the board. I have sent many e-mails and called the management co. plus left a voice message for the owner of the management company. No one on the board of directors have spoken with me about this at all. I have only been dealing with the management co. What can I do?

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COMMENTS

Condo Boards are bullies. They implement what they want and ignore all your efforts to discuss or negotiate the matter. In the meatime, fees and penalties continue to accrue. I've been a Realtor for 30 years and I've been on many Boards, and yet even I have found it easier to just pay them off than battle them! I'm not saying that is right, but when your time is valueable, sometimes it is the lesser of two evils. I'm not saying you should do what I do, but just that it doesn't surprise me that they ignore you. Usually that is how they get their way and get more penalties and fees, too!

posted @ Friday, May 07, 2010 8:51 AM by Ana Anderson


If the roof belongs to the common elements of the association (check your condo docs) the association should pay for it, I hope you took pictures for the records of the damage for any insurance claim, if not do so (take pictures). 
 
Make sure you have all documented and present it to your lawyer or the organism that regulate the associations on your state to address this issue. 
 
Most of the time is not the fault of the management company remember they need to abide for what the BOD's tell them to do. 
 

posted @ Friday, May 07, 2010 9:30 AM by Jose E. Humaran


Most states have adopted a Condominium Act, Please put 
 
" name of state. condominium act" 
 
into your browser. If your state has such a law it shall open. In that document you willfind definition of common elements and definition of the legal responsibility for maintenance thereof. I think you'll find you Associastion is wromng. As a common element they must maintain they should find their contractor and not try to make yolu into a roofing contrator selector. That's their resposibility.

posted @ Friday, May 07, 2010 10:08 AM by Scott Adler


re: Roof Damage, condo 
 
 
 
1.)You, personally, should NOT have been made responsible for contacting contractors. That IS THEIR JOB..board and/or property management company. "We" as unit owners are paying THEM per monthly condo fees to take care of such issues. (check your docs/bylaws) 
 
 
 
2.)As this is considered a 'common's' area, (again check your bylaws/docs)and it is OUTSIDE,(roof damage fixed yet?) yet interior damage resulted from this, It IS their full responsiblity. (At least in NH) 
 
 
 
3.) Go on-line at Better Business Bureau, type in name of prop. mgt. co. and check the complaints. (I have had to do this on numerous occasions) ...it seems to help to send a complaint to BBB.  
 
 
 
4.) Consider the emails you wrote, 
 
(you have doc's that showed you were NOT being remiss!)MY RECOMMENDATION is this: Print out all of your emails and docs, send them to prop mgt co, Board Members, 
 
REGISTERED MAIL, so they have to 'sign' upon recv'ng.(your emails and any docs you pulled up would show dates) I would also write a cover letter w/events, 
 
in sequential order, succinct, unemotional and numbered, (kind of like the posting I am sending you) and cc to attorney w/ emails/docs. 
 
 
 
I do NOT feel they are able to contact their attorney and fine YOU! (your emails and docs would, I surmise, prove that!) 
 
 
 
I am sorry this has happened to you..just to let you know, if it helps, you are NOT alone! These BOZO'S are just greedy jerks..and some, as in my situation, don't even know their own bylaws or docs, be it Board Members or Property Mgmt companies! 
 
 
 
YOU are doing a great job researching your bylaws/docs..don't 
 
let yourself be intimidated by them! 
 
 
 
Hang in there! Been there, done that! Hoping for the BEST for you! 
 
 
 
Pls feel free to write back..I'd be happy, if needed, to help support your cause. 
 
 
 
Most Sincerely

posted @ Friday, May 07, 2010 11:44 AM by Melinda Willette


re: Roof Damage, condo 
 
 
 
1.)You, personally, should NOT have been made responsible for contacting contractors. That IS THEIR JOB..board and/or property management company. "We" as unit owners are paying THEM per monthly condo fees to take care of such issues. (check your docs/bylaws) 
 
 
 
2.)As this is considered a 'common's' area, (again check your bylaws/docs)and it is OUTSIDE,(roof damage fixed yet?) yet interior damage resulted from this, It IS their full responsiblity. (At least in NH) 
 
 
 
3.) Go on-line at Better Business Bureau, type in name of prop. mgt. co. and check the complaints. (I have had to do this on numerous occasions) ...it seems to help to send a complaint to BBB.  
 
 
 
4.) Consider the emails you wrote, 
 
(you have doc's that showed you were NOT being remiss!)MY RECOMMENDATION is this: Print out all of your emails and docs, send them to prop mgt co, Board Members, 
 
REGISTERED MAIL, so they have to 'sign' upon recv'ng.(your emails and any docs you pulled up would show dates) I would also write a cover letter w/events, 
 
in sequential order, succinct, unemotional and numbered, (kind of like the posting I am sending you) and cc to attorney w/ emails/docs. 
 
 
 
I do NOT feel they are able to contact their attorney and fine YOU! (your emails and docs would, I surmise, prove that!) 
 
 
 
I am sorry this has happened to you..just to let you know, if it helps, you are NOT alone! These BOZO'S are just greedy jerks..and some, as in my situation, don't even know their own bylaws or docs, be it Board Members or Property Mgmt companies! 
 
 
 
YOU are doing a great job researching your bylaws/docs..don't 
 
let yourself be intimidated by them! 
 
 
 
Hang in there! Been there, done that! Hoping for the BEST for you! 
 
 
 
Pls feel free to write back..I'd be happy, if needed, to help support your cause. 
 
 
 
Most Sincerely

posted @ Friday, May 07, 2010 11:44 AM by Melinda Willette


We had a similar situtation and I have to say fight fire with fire.Our board tried to get away with not paying and we all stuck together and made sure that they commited to fixing the problem. It took letters after letters and meeting after meeting and maybe 4 months of making them get an estimate and finally they have their estimate and the job will be getting done. 3 years ago the same thing until I docked the problem with letters and photos of the piss poor shape the spouting was put up by a half baked roofer, and when I threateded with a lawyer, they came across. Show the BOD your not going to back down and show them who is really paying the association. Good luck and don't give up. Don't let them tell you what they want, you tell them what you want!!!!

posted @ Friday, May 07, 2010 10:46 PM by


If it is the common elements (roof) that caused damage it is up to the association to pay for damages. However, to be responsible, you should obtain 3 bids and provide them to the association so that they know what they will be paying. It sounds like your association is trying to bring closure to the matter by either forcing you to get estimates or living with the damage. The Association cannot dictate the deadlines for damage and repair - state laws do. I would look to the state laws and condo docs to see what the statute of limitations are in your state, and then look to the condo docs. 
 
If your ceiling is below someone's patio or terrace, (and not the main roof of the building), it could be the owner of the patio or terrace who is liable. 
 
The Board can however, demand you make repairs to your unit to protect the common elements and other units in general -- and doing that they can give you deadline for repair so the issue does not drag out.  
 
Without knowing your specific issue it would be hard to say why your association gave you a deadline for repairs or then they wash their hands of it.

posted @ Saturday, May 08, 2010 7:21 PM by Joyce Nord @ bestcondomanager.com


Hello everyone, 
 
Thank you to everyone with your great advise. I went to the meeting sent documentation to the management company return receipt and mailed a letter to the board president. I did everything suggested. You will not believe what happened next.  
 
The condo president knocked on my door with the letter that I sent her a ripped up in her hand, and she told me was harassing her. I was in shock and did not know what to do. She yelled at me and told me I need to work with the management company and that the other board members decided on the fee.I was in total shock to say the least. As soon as she left I called the management company and left a message for the property manager. That was last Thursday and I have not heard back from the management co.  
 
I could not believe she even did that. I really am at my wits end. I have gotten great advise from everyone thank you again. Has this happened to anyone. please e-mail me downeymba@comcast.net

posted @ Tuesday, June 15, 2010 9:42 AM by Mary Jo Downey


Hey, Mary Jo, I surmise the letter you sent to the President of the Board was appropriate. No emotion, not a nasty letter. The President of the BOard had ABSOLUTELY NO RIGHT to do what she did!! She harrassed YOU! GO to the BBB website, type out the Management company, see what complaints they have experienced then..write a complaint w/ ALL details of what has transpired from the very beginning. The BBB will then contact the management company..and it won't be pretty! 
 
In addition, ask BBB to forward to Board Presidient! HA! Yuppers, have absolutely have done the 'game'!! Keep me posted..Mary Jo. Melinda

posted @ Tuesday, June 15, 2010 10:17 AM by Melinda Willette


Why automatically blame it on the manager? 
 
The Board member already admitted that it was a Board members who decided upon the fee? 
 
It is unfair to file a complaint against a manager who is acting under direction of the Board.

posted @ Tuesday, June 15, 2010 2:34 PM by Joyce @ bestcondomanager.com


Not talking about manager, Talking about Property Mgmt Company! Most of them have records thru BBB listed!

posted @ Tuesday, June 15, 2010 3:58 PM by Melinda Willette


hello Melinda and Joyce, 
 
Thank you to both of you for your advise. I am going to move forward with the BBB. Joyce, I would agree with you if I would have received a call back from the management co. I even called the owner of the management co a month ago and still have not heard from him. So I have to agree with Melinda on this and move forward with the BBB. If anyone knows of the agency in Illinois that regulates condo management co. that would be a great help.

posted @ Tuesday, June 15, 2010 10:17 PM by Mary Jo


BBB should have your property management listed. What part of Illinois? Will do some checking on behalf. You may also want to contact the governor's office and they should provide a number for condo issues..Will keep you posted..Pls feel free to email me w/ name of condo complex/property mgmt company and I'll look up all. 
 
 
 
Best, Melinda

posted @ Wednesday, June 16, 2010 10:47 AM by Melinda Willette


Looked up State of Illinois..2 choices to call for asking for info. 
 
1.) Chicago 
 
2.) Springfield 
 
 
 
Just look on web of State of Illinois, contact. Still searching for more info. 
 
Melinda

posted @ Wednesday, June 16, 2010 11:05 AM by Melinda Willette


found a link that my be helpful to for advice: httpwww.condorisk.com/contact/contact/_us.htm or the same:www.mesirowfinancial.com Same/both called Condomium and Cooperative Risk Management Resource Center, 
 
name Victor Rivera. ph: 312-595-8096. 
 
 
 
Also mentions the Illinois Condo Act. 
 
 
 
Will look up BBB in Illinois and give you the link to that.. 
 
 
 
Melinda 
 

posted @ Wednesday, June 16, 2010 11:32 AM by Melinda Willette


Melinda, 
 
Thank you so much for your information. I was nice and gave them until the end of the month to contact me. We both know that is not going to happen. I am going to report the management co at the end of the month to the bbb. I feel they need to at least call. They have not done that. I will also call the attorney general and ask questions then report them if I need to. I will also use the websites above. 
 
Thank you so much. 
 
Mary Jo

posted @ Wednesday, June 16, 2010 8:48 PM by Mary Jo


I have a leak on my roof coming from the unit above me on the villas I live at. The owner is in foreclosure and I am getting push back from the association, Property Mgt, Condo Property Ins and the bank that now has possesion of this unit. I need advise. Who is ultimately responsible for this????

posted @ Wednesday, June 30, 2010 10:28 AM by Bonita Golf View Stage I Owner


Dear Mary Joe..so the condo unit above you has now a bank forclosure on this unit?? (you can look up on web. foreclosues and what bank) And leaking damage to your condo, as previously discussed!What a mess! 
 
I would high tail myself to the bank, speak to a bank manager and discuss ALL issues and when they began! I would think if the bank foreclosed on unit, in order for them to sell it, would have to have a building inspector sent out! DEMAND IT! In addition, get your own insurance company to come out and inspect damage! Then nail the SOB's!! 
 
Melinda..keep me posted..as well to continue to keep BBB apprised and attny general. You might have a large law suit for your behalf! 
 
 
 

posted @ Wednesday, June 30, 2010 11:29 AM by Melinda


Sorry, meant for last posting to go to Bonita Golf! If you are from Bonita, Fla..Fla has some very strict laws..look up BBB, contact Collier Cty..and see where Collier Cty reps will guide you! 
 
 
 
Thanks, 
 
Melinda

posted @ Thursday, July 01, 2010 8:18 AM by Melinda


Bonita Golf..interesting I found numerous issues relating to your problem under REPAIRS on this condo blog..may be very helpful!! 
 
 
 
Thanks, 
 
 
 
Melinda

posted @ Thursday, July 01, 2010 8:29 AM by Melinda


There are a lot of discrepancies when it comes to what an association should or should not pay for. For the most part things should be and need to be outlines in the condo docs. Every unit owner should have a copy of this and be familiar with it. Do not wait until something happens to realize you are on the hook for paying for it. I like this blog. For more insurance news check out my blog. 
 
 
 
www.djgins.com/blog

posted @ Wednesday, December 29, 2010 8:56 AM by Guarino Insurance Agency


The Property Manager / Property Management Company is responsible to enforce policies and procedures as set by the Board. It would be unfair to "report the property management company" because normally they act as directed by the Board. In Florida, if the property manager did not return your "call", it is the board that is ultimately responsible. The agencies which oversee Property Managers and Condos would also instruct you to place your concern in writing and send certified. Doing so requires an answer to your inquiry within 30 days unless the matter had been handed over to an attorney by the association, in which case, they can respond that they will respond once a legal opinion has been rendered. 
 
Bottom line, reporting the management company will do little good if any. You are misplacing blame. Place blame with your Board of Directors and go after them, not the management firm. IT is most likely that the Board is advising management not to respond -- and it is the BOARD that should be held responsible.

posted @ Wednesday, December 29, 2010 9:34 AM by Joyce Nord @ bestcondomanager.com


Joyce-your comments are exactly correct. In many sttates condo and HOA acts there is a prohibition against a unit owner filing a law suit against a management company or the building manager. As you rightly pointed out the management company and the building manager take their orders from the board and the baord is the ultimate aujthority. The situation where a unit owner or group of unit owners who sue the board are in actuallity paying a portion of the condo lawyers fee to defend against their suit while at the same timne the objectors are footing the bill for their attorney's services.

posted @ Wednesday, December 29, 2010 11:41 AM by Scott


Our condo community is changing. We are getting more families moving into units which are probably too small but they can't afford single family homes. They don't like rules so don't follow them and don't think of neighbors when outside with children on patio until ll pm making noise and lighting torches near their fences. The parents of the 4 yr. old have been told that he can't ride his bike in the parking lot, on sidewalks or on lawns and that the bike must be stored on back patio when not being used.  
 
Has anyone had problems like this and how have you handled it? 
 

posted @ Wednesday, July 27, 2011 2:19 PM by Linda


Linda, 1st, pls look up on other 'titles' on this site for input. This is not really relevant to above aforementioned. 2ndly, communicate to board, attend their meetings and ask them questions..check by law docs.

posted @ Thursday, July 28, 2011 5:48 AM by Melinda


Do you live at River City?

posted @ Tuesday, August 23, 2011 8:26 PM by Alisa


Who is she using for repairs?

posted @ Wednesday, October 12, 2011 8:54 AM by Roofing Contractor Raleigh


I think HOAs are responsible for roofing in calgary. Especially if it is an issue with more than one connected home.

posted @ Tuesday, October 15, 2013 2:53 PM by elijah ali


I think who you decide to hire has a lot to do with what insurance companies will cover. You want to make sure you get someone with a good reputation. I know that has helped me a lot in times past. 
 

posted @ Wednesday, April 23, 2014 12:10 PM by Simon Adair


We filed a claim for recent hail damage. We were told that if we don't use the company that works directly for the association for the repairs, they will charge us 20 percent of the claim amount. Is that legal? If it is, it's shady!

posted @ Thursday, May 15, 2014 10:25 PM by Jeff


Ana, 
I have been in the same situation trying to negotiate with a Condo Board. Our roof had a leak a few years back and it was a long and stressful process trying to get everything worked out legally and financially. After much time the whole situation was resolved, though, and we felt the results were fair. 
Shelly Slader | http://www.permaboot.co/howitworks.html

posted @ Friday, June 06, 2014 10:39 AM by Shelly Slader


I don't think you should have to pay for anything as long as you did your part within the agreed upon time frame. You may want to get a real estate or housing lawyer involved. Get copies of your emails and agreements together as well as the bylaws governing your HOA and schedule a consultation with a lawyer in your area, that way you can know for sure what type of legal protections and actions are at your disposal. Good luck! http://www.sarnialaw.com/about-us/

posted @ Monday, June 30, 2014 1:00 PM by Rodhe Stevens


This is ridiculous. Don't let the board push you around. I don't think this actually needs a lawyer, but you can always start threatening one if they keep avoiding your calls. The roof is common property, and they already agreed to pay for the damage. Good luck. 
 
Jenn | http://www.strongguard.com.au/home

posted @ Monday, September 15, 2014 8:37 PM by Jennifer Davies


It sounds like the board is avoiding payment. If they roof leak was their fault, then they should pay the damages. Was the roof fixed? The payment debate is important, but if that roof doesn't get fixed then it'll just keep leaking. Make sure that gets done soon. 
| http://www.diromahomeimprovements.com

posted @ Monday, November 24, 2014 11:50 PM by Marcus Fillion


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