Sometimes board members are aware that the roofs at their association buildings can no longer be adequately repaired and must be replaced. They know this based upon having experienced a series of roof leaks, or their reserve study provider has communicated this information to them. Sometimes these board members decide not to replace the roofs because their association does not currently have sufficient reserves to pay for new roofs, and the board is unwilling to seek a special assessment from the owners.

When the situation described above exists, the board and its members may find themselves in a very compromised position after it rains and the roofs start leaking.

When the board knows the roofs are likely to leak and they take insufficient action to protect homeowners from water intrusion, it makes it easy for homeowners to claim that the HOA is responsible for all interior water and mold damage including damage to any personal property such as furniture and clothing. If the water intrusion results in mold, owners are likely to request reimbursement for hotels and restaurant meals as well.

The lesson is clear. Boards need to take their responsibilities seriously and do what is reasonable to prevent damage to property when they know it is likely to occur.

Don't let your homeowner association become the target of a lawsuit.