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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37971
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I have a construction defect in my 10 year old townhouse

Customer Question

I have a construction defect in my 10 year old townhouse that is fee simple that I purchased last year. The HOA document is confusing as in one section it says the HOA is responsible for fixing my roof and in another section it conflicts and says the owner is responsible. Who is responsible as this will not be an inexpensive fix. I estimate the corrective actions will be 17k-25k.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

The answer depends on whether the roof is considered a considered a common element, limited common element, or separate element of the community. Also, whether or not the association is declared in the covenants to be a condominium or homeowners association, changes the applicable law. Finally, a review of the actual covenants is required.

In general, if the roof is s common or limited common element, then the association is required to maintain, unless the covenants provide otherwise. Separate elements are always the responsibility of the property owner.

That's about as far as I can go with a general analysis. If you would like me to review the actual covenants, I will be happy to do so, but only via an additional services offer, as such a review is a legal service, and cannot be lawfully provided on this website (which is not a law firm, so it cannot provide legal services).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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