This question concerns a homeowner association
in Pennsylvania. The homes are townhomes and as a homeowner association, the owners own their own homes inside and out.
The association's documents make the association responsible for maintenance
and replacement of the buildings' roofs and siding (the sheathing, moisture barrier, and outside coating which is stucco).
The association has neglected the maintenance of the siding, roofs, and flashing. Now the board is deciding upon making major repairs and warned owners that there may be wood rot in the framing of the buildings. Owners will have to pay this directly as it is not an HOA
Owners have asked that this due to the lack of maintenance and is a consequence of not correctly maintaining the roofs, flashing, and siding properly.
The board's attorney responded that the declaration does not allow the owners to hold the association or the board members responsible to consequential damages
due to the board's actions or lack of action.
Can this be true? It doesn't sound right. The board is responsible for maintaining the outside of member's homes but they are not responsible for the consequences their decisions?
Even if the declaration does say this, can this be legal? It doesn't seem just.