When Is Your HOA Responsible for Repairs in Your Home?

Q: I live in a townhouse governed by a homeowners’ association in Northern California. Maintenance and repair of the roof falls under the HOA’s responsibilities. Recently, a leak in my roof resulted in water damage. The HOA repaired the leak, but is refusing to address the water damage in my home, suggesting that it’s my responsibility. Shouldn’t the HOA be responsible for repairing that damage as well?

A: Your homeowners’ association may indeed be responsible for repairing the water damage inside your townhouse. But determining that requires a close read of your governing documents, and an examination of the facts of your case.

Each HOA in California is governed by covenants, conditions, and restrictions (known as CC&Rs), and they are different from one community to the next. It’s possible that the HOA is responsible for the roof, but the CC&R could limit its responsibility for subsequent water damage under certain circumstances. You can read it yourself, or hire an attorney to do so, as these are complex legal documents. If you don’t have a copy, your HOA will provide one.

As to the facts of the case: Was the HOA aware of the roof problems but delinquent in fixing them? Did the HOA act quickly to make the repairs, but the water damage was unavoidable?

Regardless of what your documents say, you can begin an internal dispute resolution process, in which the HOA must try to work this out with you, under California code. This process is low-risk and inexpensive, as it does not require lawyers. But it may not work.

“Because there’s nobody acting as a mediator or middle ground, it is unlikely to result in too much compromise,” said Nicholas J. Caplin, who represents people in disputes with their H.O.A.s at Lubin Pham + Caplin LLP in California.

A more aggressive approach would be to enter into a pre-litigation alternative dispute resolution, in which you should be represented by a lawyer.

In New York state, HOAs are governed by what’s know as a “declaration,” which the developer uses to obtain approval from the state attorney general to form a homeowners association. It describes who is responsible for repair, replacement and maintenance of the common areas and the homes, said Laura M. Endres, a real estate lawyer on Long Island. Declarations cover the same topics, but each HOA’s rules are different.

“Despite the differences, it is common that the repair and replacement of a roof is the board’s obligation, but any damage within the home caused by what necessitated the repair etc., will be the homeowners responsibility,” Ms. Endres said.

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