Roof
A homeowner passes away and the family wants to sell. The family has a contractor remove the patio cover and unbeknownst to anyone he damages a small part of the roof. The condo sells and even the home inspector misses the damage. After 6 months the new owner wants a new gutter and her handy sees the damage and tells the new owner. Our CCAnd R’s clearly state the HOAIs is responsible for the roof and any damage but the HOAIs saying that since the old homeowners are responsible but the estate is closed.
Who is responsible for the roof repair? On top of that our HOA maintenance committee missed it because they have not been around. Nothing new.
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Renee, Because the original homeowner damaged the property, they are responsible to pay for the repair. Even when the association is responsible for the maintenance of the roof, any damage to the roof caused by the action of an owner is billable as a common expense to the owner. Because it was only discovered after the sale, unfortunately that now falls on the current homeowner. The current owner would have a cause of action against the previous owner for the failure to disclose this issue, but because the estate is closed there is little recourse for the new owner.
Sorry
Dennis