HOA pay for leak damage?

[Richard Hanner]

I have a tenant whose condo suffered a major roof leak, which caused internal dry wall and related damage. The HOA says it only has to fix the leak and is not responsible for the interior repairs. The condo is in a Houston suburb. Doesn't sound right to me. Any thoughts?

[John Mocker]

Richard,

Your Condo Association by-laws and declaration will give you info on who owns what parts of the building and therefor who is responsible for the repairs. The HOA does not dermine if the Condo Assocation insurance applies. That determination can only be made by an licensed adjuster for the Insurance company.

Review this with your own Insurance agent to see what they think.  They may advise that you submit a claim to the Insurance company for the Association and make them state why the damage from the leak is not covered.  They may also indicate, that it is more likely covered by your insurance on the unit.