What out rights if our HOA forced us to pay for our own roof 8 years ago but now wind damage occurred and our building is being forced to pay for all other roofs?

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What out rights if our HOA forced us to pay for our own roof 8 years ago but now wind damage occurred and our building is being forced to pay for all other roofs?

I have a question regarding my rights as a homeowner living within an HOA. There are 7 buildings with a total of 30 homes. My building has 6 units and was one of the first ones built so naturally our roofs wore out before the newer buildings. When it came time to re-roof our buildings, the HOA said they had insufficient funds and we had to pay for the roofing to be done. Only the owners in the 12 older units in the original 6 units per building of the 2 buildings paid for our roofs to be done. Now, 8 years later after a devastating windstorm, we were told that all the roofs needed to be replaced.

Asked on April 23, 2012 under Real Estate Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The unfortunate thing for your situation is that where there are items that are the responsibility for the HOA to pay for such as your roof, payment is dependent upon whether or not the association has the necessary funds in hand to make the outlay. Diven the high number of foreclosures and delinquent association dues paid by members of associations the past 3 to 4 years, many HOAs simply do not have the funds available to make payments on items that were association responsibility.

As to whether or not you are required to pay a pro rata amount for the repair of other roofs in the association that you live in, you need to carefully read your association's covenants, conditions, and restrictions as well as bylaws and other agreements by the association to determine if you are obligated to pay for other owners' roof repairs.

I would ask your board of directors to provide you with the required paper work showing that you are obligated to pay for other owners' roofs in the community where you live for starts. If such is not provided, then there is a good chance that you would not be obligated for this expense personally.

Another option would be for you to consult with an attorney that practices in the area of planned unit developments to assist you in the matter that you are writing about.


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