Condo association/roofing company wants me to sign a waiver

[abekeris]

What is the name of your state? Illinois

The association approved the replacement of the roof in my building, but the roofing company and the management company wants us to sign a waiver that says that if they break any of the highlights (or they leak after the work) we are responsible to pay to fix them, however the same document recommends to buy new ones from the roofing company at a discounted price of $675 each (my unit has 6 of those).

What is your advice? I believe they will break them on purpose and we will have to pay for them anyway. What should I do? The management company said that if I do not sign, the lawyer will contact me.

 

[quincy]

What is the name of your state? Illinois

The association approved the replacement of the roof in my building, but the roofing company and the management company wants us to sign a waiver that says that if they break any of the highlights (or they leak after the work) we are responsible to pay to fix them, however the same document recommends to buy new ones from the roofing company at a discounted price of $675 each (my unit has 6 of those).

What is your advice? I believe they will break them on purpose and we will have to pay for them anyway. What should I do? The management company said that if I do not sign, the lawyer will contact me.

You can inform the Association/management company that, if the roofers break anything, they are responsible for repair and replacement.

I would not sign the waiver. If their attorney contacts you, have an attorney of your own on hand to contact them.

 

[abekeris]

What if they say that is leaking because the skylights are old and that I'm responsible because I signed the waiver?

 

[quincy]

What if they say that is leaking because the skylights are old and that I'm responsible because I signed the waiver?

I would not sign the waiver.

 

[LdiJ]

What if they say that is leaking because the skylights are old and that I'm responsible because I signed the waiver?

DO NOT sign the waiver. If you sign the waiver you WILL be responsible.

 

[abekeris]

Thanks, I will update this thread when the management company lawyer contact me. I will not sign the waiver.

 

[quincy]

Thanks, I will update this thread when the management company lawyer contact me. I will not sign the waiver.

An update would be nice. Good luck.

 

[adjusterjack]

Thanks, I will update this thread when the management company lawyer contact me. I will not sign the waiver.

Just so you know, the roofing job should include resealing the skylights, or replacing them if they cannot be resealed.

Read your CC&Rs for the definitions of unit and common elements. I'm thinking if the roof is common element, then the skylights may also be, or not.

And I agree, don't sign the waiver.

 

[aldaron]

Our HOA went through this crap a few years ago. Old glass/plastic cannot in any world be removed w/o the possibility of cracking or breaking. Contractor wouldn't do the work if that wasn't considered and waiver signed. 2 others who bid said same thing. It must be industry practice with qualified contractors who give you the whole scope before work is done instead of a pearl harbor after the fact. We just ended up replacing them all due to discoloring with age and possibility of breakage.

 

[LdiJ]

Our HOA went through this crap a few years ago. Old glass/plastic cannot in any world be removed w/o the possibility of cracking or breaking. Contractor wouldn't do the work if that wasn't considered and waiver signed. 2 others who bid said same thing. It must be industry practice with qualified contractors who give you the whole scope before work is done instead of a pearl harbor after the fact. We just ended up replacing them all due to discoloring with age and possibility of breakage.

Then they should be part of the HOA roof repair rather than the HOA trying to push it off on the condo owners.

 

[aldaron]

HOA is the condo owners, all monies associated w/the HOA comes from condo owner's dues. I don't understand above post.

 

[LdiJ]

HOA is the condo owners, all monies associated w/the HOA comes from condo owner's dues. I don't understand above post.

That is accurate if the condos are all one floor and all of the owners have skylights. In that scenario the costs to any individual condo owner would be approximately the same (albeit maybe not in the same year) either way.

However, if the condos are multiple floors, and only the top floors have skylights, then that is transferring costs to the top floor owners, that possibly should be part of the roofing costs.

 

[xylene]

I think you should contact your fellow OWNERS who are affected by and try to work together just a little.

 

[justalayman]

Ok, simple question;

What happens if you refuse to sign the waiver?

I see no reason to waive any rights here. If the roofers damaged something or their work resulted in leaks due to their negligence, they need to cover it. If the skylights are damaged due to being degraded or there are leaks attributable to the condition of the skylights, then they can’t be held liable.
Of course there is the concern of making the determination of negligence or failure due to age or condition but that’s an issue that can be addressed if there is the need and once the facts can be reviewed.

 

[xylene]

One very important point to consider: The truth is the finish result will be much better as far as appearance, roof integrity and water-tightness if skylights are replaced during during a major re-roof, rather than piecemeal afterwards and the OP should consider agreeing to replacing them.