Legal Question in Real Estate Law in Minnesota

How is ''roof'' defined in townhouses

Our association's declaration and bylaws say the association is responsible for ''maintenance and repair of the roof'', but the documents don't specifically define what constitutes the roof. So what is it? Certainly the shingles, tar paper, and plywood, but what about the insulation, rafters, soffit, fascia, vents, etc? We have looked through our declaration and bylaws but have found no clarification besides ''the units shall have no upper boundary''. We have a resident claiming that water damage caused by condensation of warm humid interior air in the winter is the association's responsibility. We are goverened by the Minnesota Common Interest Ownership Act of 1994. Please help! Thanks.

Asked on 2/05/09, 4:55 pm

1 Answer from Attorneys

Joel Hilgendorf Hellmuth & Johnson, PLLC
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Re: How is ''roof'' defined in townhouses

Water damage claims can be very expensive for the association. You need to have an experienced community association attorney review your particular community's governing documents in conjunction with MCIOA and provide your association with an opinion regarding the scope of the association's maintenance responsiblities. Please contact me directly with further questions.

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Answered on 2/05/09, 5:01 pm

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