OVERVIEW
As a homeowner, protecting your property is always a top priority. The roof is among the most important parts of your home—not only because of its size, but also because of the relative costs of repairs/replacements, as well as its importance in protecting both your family and your personal property from the elements. If your roof suffers damage, therefore, it’s a very big deal because failing to address roof damage always leads to much more serious problems down the road.
Many homeowners living in HOA governed communities are unsure about what they should do when it comes to making necessary roof repairs. This article is intended to address that uncertainty.
WHAT SHOULD YOU DO IF YOUR ROOF IS DAMAGED?
If you live an neighborhood governed by an HOA, there are specific steps you should take to address damage to your roof so that you can facilitate quick repairs.
Determine Who is Responsible for Maintaining and Repairing the Roof
The first step in the process of repairing damage to your roof is determining who is responsible for maintenance and repairs to the roof. If you’re responsible for maintenance and repairs to your own roof, then you’re going to be responsible for hiring and paying for a contractor to make the necessary repairs. If, however, your HOA is responsible, then your HOA will be legally obligated to secure and pay for the repairs.
If you live in a single family home, then it’s virtually certain that you’re going to be responsible for maintaining and repairing your roof. It’s true that except in certain cases, you’re probably going to have to submit your plans to your HOA for approval (see below), but there’s no question about your being responsible for the repairs.
If, however, you live in a condominium or townhome, the answer is not always so obvious. You’ll start, therefore, by reviewing your HOA’s CC&Rs. Do you governing documents define your roof as being a part of the common area or exclusive use common area? The difference does matter. Civil Code section 4775 states that the HOA is responsible for maintaining, replacing, and repairing the common area unless the CC&Rs specifically provide otherwise. In the case of exclusive use common areas, that same law provides that unless the CC&Rs state otherwise, the HOA will be responsible for repairing and replacing exclusive use common areas, while the homeowners are responsible for maintaining those areas.
While all condominium and townhome owners need to check their CC&Rs to see who has repair and replacement responsibility, for the most part, when it comes to condominiums, HOA’s are almost always responsible for repairs. The same cannot, however, be said for townhomes, where such responsibilities are more often passed onto the owners.
Assess the Damage
If the damage to your roof is catastrophic or otherwise constitutes an emergency (e.g., a tree fell onto your roof exposing a portion of your interior to the elements), the law allows you to take immediate steps to mitigate further damage regardless of who is ultimately responsible for payment, and regardless of your obligation to obtain approval. In the case of more minor damage, you’ll need to follow the steps outlined in your governing documents.
Tender to Your Insurance
Where repairs are your responsibility, you’ll want to immediately notify your insurance company. If the damage to your roof is covered by insurance, there’s no reason for you to go out of pocket for the repairs—especially because in the case of serious damage, the repairs can be monumentally expensive.
Notify the HOA
Regardless of whether the CC&Rs render you responsible for repairs to your roof or your HOA, you’re going to need to involve the association. Take a single family home, where the owner is responsible for repairs to the roof. It is almost certain that the HOA’s CC&Rs requires the homeowner to submit an application for the roof work. After all, the HOA has the right to ensure that the new roof will conform to the architectural guidelines contained in the governing documents. Or take the case of a townhome owner who is responsible for his or her own roof repair costs. In such cases, the owner will not only likely be required to submit to a similar approval process, but the HOA has a right to control access to such shared roofs to ensure proper insurance coverage.
And with respect to those cases where the HOA is responsible for making repairs, depending on the seriousness of the damage, the sooner a homeowner notifies the HOA, the sooner work can commence. Of course, if an HOA is negligent in its response, such as waiting too long before acting, the HOA will be liable for the homeowner’s damages, including damage to personal property arising out of the failure to act within a reasonable time period.
Regardless, homeowners should keep careful records of all communications with the HOA during the repair process—meaning that everything should be confirmed in writing.
Obtain Estimates for Repairs
If repairs are your responsibility, then once you’ve notified the HOA, you’ll need to obtain estimates for the repair. The HOA may require that you get multiple quotes from licensed and insured contractors. Be sure to get written estimates and keep them for your records.
Keep Records
Regardless of whose responsibility repairs are, you should keep a detailed file of all correspondence (including texts and emails), estimates, and receipts related to the roof damage and repairs. This information will be valuable if there are any disputes or insurance claims in the future.
CONCLUDING THOUGHTS
Taking care of your roof is essential to maintaining the value of your property and protecting your investment. If damage occurs, you have to act immediately to avoid more serious damage down the line. By having a better understanding of the steps you should take if your roof suffers damage, you stand a good chance of reducing your stress level if and when such damage occurs.