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.
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