Q: The roof in my condo had an opening in the flashing. It caused excess moisture and mold on bathroom. Is HOA responsible?
My HOA is already trying to claim I am responsible for repairs on the interior but their negligence caused the interior damage (estimate $2000). The HOA office manager also claims my bathroom ceiling should have a vent. But I bought the unit 13 years ago without one. They even tried to pretend there was no opening at first but I sent a picture from the mold inspector so they had to come out again. They are supposed to repair the roof today.
A:
The answer is contained in your HOA Bylaws and Covenants, and either you need to read them or you need to retain counsel to do so.
Building codes change over time, but the changes are only rarely retroactive. I'm not in the building trades, but I believe at one time in some places, a bathroom needed *either* a vent *or* a window. I think more modern codes often require a vent. Whether that applies to you depends on the jurisdiction and the facts. You should seek a consult with local real estate counsel.
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