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My HOA provided of Chart of Responsibilities, between HOA &;

Second opinion] My HOA provided...
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painting damage) caused by the roof, through negligence. However. if the HOA is willing to pass a resolution reimbursing owners up to $500 dollar for damages cause by any damage, does it provide some good will plus assist in avoiding further liability? Yes, it might cause an increase of $1/per month increase in HOA fees. Would it be possible to have a unit owner's sign an acknowledgment waiver to avoid any future or addition legal action?
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Answered in 1 hour by:
1/8/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Can you tell me the State your question pertains to?
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Customer reply replied 7 months ago
Pennsylvania
All homeowner associations have governing documents that set out owners responsibilities and the HOA responsibilities. Do you have a copy of your governing documents. These bylaws can be amended by following proper procedures but the HOA cannot delegate odd responsibilities to the owners. Can you attach your governing documents?
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This link sets out the laws that govern HOA’s in PA in the order of importance. https://www.hoa-usa.com/statelaws/pa.aspx
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Why won't they just amend the governing documents?

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Customer reply replied 7 months ago
Please explain?Amend the governing document with??

The resolution they are suggesting can just be added by amending the governing documents. This takes the guess work out of what law governs.

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The governing documents set out the governing rules. They should be the same for all unit owners. If the owners agree to the language you set out above the governing documents need to set that out as there cannot be selective enforcement where certain rules apply to a select group owners.

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"Would it be possible to have a unit owner's sign an acknowledgment waiver to avoid any future or addition legal action?"

Just amending the documents and making the rules uniform is the best course of action.

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Thank you for your consideration.

Attyadvisor
Attyadvisor, Attorney
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Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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