Mechanicsville, VA asked in Contracts and Real Estate Law for Virginia

Q: Is my HOA responsible for the exterior of my home.

In Article IV section 2 B number 4 it states:

the board will provide for the repair, maintenance, and replacement of gutters and downspouts and exterior building surfaces.

However, they have met with a lawyer and have said they do not cover the replacement of :



any foundation


privacy fences

gutter cleaning

My question is how are these not considered exterior surfaces?

I live in Hanover, Virginia.

We took them to court for a roof repair and their lawyer suggested they settle. ( It was not their usual lawyer it was the agent listed on the website so that was the lawyer that represented them)

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1 Lawyer Answer
Elizabeth Crego
Elizabeth Crego
  • Licensed in Virginia

A: Context is everything. There's no way to know what “exterior surfaces” means and how that affects liability your current situation in this case without reviewing at least that entire section of the governing documents, if not the entirety of the governing documents. These documents can be complicated. If you really want to contest the finding of the Association's attorney in this matter, I recommend finding your own attorney to review the documents and their application to this matter.

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