Real Estate Law
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
This depends...is the home jointly owned? Or owned by a single person?
Thank youAnd is there an agreement regarding maintenance? If so what does it provide?
And is there a reason there has not been an update to the CC&R's (since you need these to address this issue)?
The vast majority of circumstances where two separate owners share a joint roof are governed by some agreement. For good reason. Without an agreement? You are going to face problems, going forward, when issues like you are describing pop up.Who is liable for repair?The law that governs this will focus on negligence...who (if anyone) is responsible for the issue.For example, if you were on the roof, damaged it, and caused this problem? You could be held liable.But unless there is evidence you caused the issue? You are not going to be liable.But the real issue will arise when it comes time for a new roof...without an agreement neither of you can (easily) force the other to pay for repairs...it may be possible under equity (equity law could allow you to pay for the entire repair and force the other to pay their share...but this law is not clearly established...the reason you may want to consider an agreement on this)Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Welcome. Thank you for taking the time to accept the answer, I truly appreciate thatphil