Who pays for roof leak into my home?

Answer 1

The answer probably lies within your association's declaration of covenants, conditions and restrictions (CC&Rs). There may be an exculpatory, or non-liability, clause that lets the association off the hook even if negligence is a factor in the deficiency in the common roof.

The association's insurance would not be responsible for paying for your claim if this type of exculpatory clause appears in the legal documents.

The insurance company could also deny your claim if the association has had a history of roof leaks in the past. Insurance companies soon get wise to associations that defer their roof maintenance and then expect the insurance coverage to pay for interior damage. A past history of roof leaks can result in eventual cancellation of the association's policy.

In my opinion, it is wise to obtain insurance coverage for the interior of your unit and its contents. This will only assist you in case of future losses. When obtaining this coverage, you should also consider loss-assessment coverage, which will reimburse you in the event that your association must levy a special assessment due to an insurance loss. This type of coverage is very helpful if your association is affected by an earthquake or flooding for example.

Consult an attorney who specializes in community association law. After reviewing your association's legal documents and insurance policy, he or she will be able to advise you about your rights and the association's obligations.