My HOA is saying that I would be responsible for repairing significant water damage to the interior of my condo (rotted wood framing, rotting window trim and baseboards, sheet rock, insulation) due to cracks that occurred in the stucco of my unit. Given the HOA is responsible for exterior maintenance of the unit, it seems like they should cover interior damage caused by exterior issues, even though it is not stated explicitly one way or another in the HOA covenants (it says generically that we, as homeowners, are responsible for interior maintenance). My interior walls have been ripped open (by HOA stucco contractor) to assess the extent of the damage and they are stating that they need to replace the interior structure, but before I proceed, I wanted to gain legal advice. Thanks
While this is a good forum to get general answers, you are asking a question that can only be answered by someone that has the entire HOA documents in front of them and can merge those provisions with the time line on when damage occurred and when the problems were known to the HOA. If you are talking about a substantial expense, it will likely be worth it to you to spend the money on an hour of an attorney's time where the attorney can see the actual HOA documents and ask questions about the facts.
In general, however, if the HOA documents say that the owner is responsible for interior repairs, and if the HOA acted within a reasonable time after finding out about the leak problem, you may be responsible. Also, if the HOA contractors had to tear out the interior sheetrock to find the source of the problem, the HOA may re responsible to restore your interior to the condition it was in before the demolition. As for the structures, etc., between the interior sheet rock and the exterior stucco, there is no way to tell who would have to pay without the documents to review.
This answer is for general purposes only, and it does not create an attorney-client relationship.
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