HOA will not fix roof

[agent2]

What is the name of your state (only U.S. law)? TX

I was hoping to get some advice regarding a problem I am having with my HOA.

I live in a condo which has had roofing issues for the past few years. With heavy rains it causes leaking into my top floor unit. I have notified the HOA and management companies for 2 years now. Initially the first management company was receptive and said they would send someone out to examine and fix the roof. I assumed it was done and later paid a contractor to fix the interior of my unit (ceiling).

The HOA has since fired that management company and the new one has not been very helpful. After many back and forth e-mails, I have been told that it is my responsibility. I informed them that our CC&R / bylaws state that the roof is a common element. After hearing nothing for a long time and inquiring again, the latest development is that they are stating that it is on the to-do list of repairs but not the priority and will not be addressed for likely a year.

Do you have any recommendations on the next step? Is it acceptable for the HOA to allow the leaking in my unit for a year? I am worried about the problem growing and it seems futile for me to continue repairing the unit to prevent additional damage to my unit.

Thank you!

 

[festival]

Write a letter to the board of directors (don't bother with the management company) certified mail, return receipt requested, informing them that you are holding them responsible for all water damage and mold remediation resulting from the roof leak. For stronger impact, have an attorney write the letter. Then take pictures and document everything.

 

[HRZ]

Leaking roof and mold, if there is mold up as is likely, may also be a local building or health code violation ...do some digging ...make any appropriate written complainnt.

 

[LostInCleveland]

Sorry, but this is the kind of responsibility dodging HOA's take when numerous people aren't paying their fees. They are CLEARLY responsible for the roof, but that doesn't mean they have the money to fix it. I just bought a unit at a sheriff's sale and apparently, the a-hole managed to go about 5 years without paying dues. It went up for sale 3 different times without a buyer...so what happened when it did finally sell? The courts failed to pay off the the taxes sold as a certificate and so far had told me tough cookies. This leaves ME liable for them. Now I have to pay a lawyer to try and get this lien off my property. So, I'm sure residents making reasonable repair requests at this complex aren't getting them resolved just like you. You need a board that aggressively collects delinquent fees and quickly forecloses when unsuccessful. Unfortunately, some feel they have the right to just not pay their dues. It sucks much.