We recently had a minor roof repair completed due to leaking water. While the roofing co, hired by the HOA, was here they told us the roof was going to be replaced within the next month. We have 3 sky lights in our townhouse. The contractor advised us that we would have to pay for the skylights and the HOA didn’t cover them. These were built into the home as part of the construction back in the 90’s. I looked at the HOA by laws and saw nothing about skylights in general. I only saw that the roof is the HOA’s responsibility. Will we still have to pay out of pocket for a repair we don’t even need just because the roof is being replaced?
1 Answer from Attorneys
You should have an attorney look at the Declaration - not just the rules. The Declaration will define what are common elements and what are "limited" common elements - or similar terminology to delineate things that everyone shares in common versus things that are "common" but serve only one or more but not all units - terminology may differ if this is a 'condominium' townhome development or not. If they are defined as "limited" then there are often parallel provisions that say they are the owner's responsibility or that the HOA can make them the owner's responsibility. Other examples include things like unit entry doors, windows..... So "roof" may not include the "skylights". However, you can suggest to the HOA that the contractor's commentary is somewhat 'odd' because if the skylights themselves are ok and don't require replacement, but the roofer will have to seal around them as the roofing work proceeds, then the cost of sealing around then should be part of the roofer's contract.