Q: HOA responsibility or Owner?
Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and repainted. If the HOA failed to maintain, repair or replace that roof or any common area they are responsible for, and that failure results in damage to an owners property, something they would normally be responsible for, is the HOA responsible for those damages? In this case, the failure to maintain the roof led to a leak which damaged an owners wall. Is the HOA responsible for paying for the sheetrock replacement and paint?
A: I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.
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