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Does my HOA need to pay for water damage from a leaky roof?

San Jose, CA |

Our roof in our townhouse leaked, and caused a large water spot on our ceiling. I reported the damage to the HOA office manager who responded the following day to advise me that someone was supposedly fixing the leak. When I asked about repairing the water damage, I was told I had to go through my insurance. The CC&R's state that the roof maintenance is HOA'S responsibility, and I've always been told any damage that results from their negligence should go through their insurance. The HOA office manager said no because they only have liability for the common areas. I have tried contacting their insurance to confirm this, without luck (3 voice mails, no response). The damage appears to be getting worse... What should I do now? T.I.A.

Attorney Answers 2


  1. ....you need to address issues in writing with all parties involved...in your writing use copy of the pages from CC&R stating exactly what you allege.. do not expect people to just respond to voice messages..
    that old customer service is unfortunately dead and people fail in our days to understand the word
    professionalism..you need to force them to do their job

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  2. Provide a copy of the relevant portion of the CC&R's submitted directly to your Board of Directors with a formal claim, and request they send it to the insurance carrier.

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