would like proof that roof was repaired prior to my purchase

8 Replies

Prior to purchase, an inspection revealed several things that could potentially lead to a roof leak (missing flashing, DishTV antenna screws not sealed). The seller asked the HOA to fix these items. Now I own the property and the HOA is refusing to let me see the completed work order, since I didn't own the property at the time the repairs were made. I was told to hire an inspector.

Thanks in advance for your advice.

Well, let me begin by telling you how little respect I have for most HOAs. So, you had it inspected, found some issues, HOA states the repairs were made but they don't want to show you, the current owner and the one who requested the repairs, proof the work was done?

Was your purchase conditional upon these repairs being made?  If yes, they have a responsibility to you to show they were repaired.  In fact, I would demand confirmation/proof the repairs were made in writing.  

"We are not telling you, get it inspected!"  Unbelievable!

Normally, if someone pulled this crap on me, I would suspect they are trying to hide something. But since it's an HOA and they typically have a history of belligerent stuff like this for no other reason than to show you how much power they have, I don't know the true reason for their stupidity. Sorry to vent, but I see stuff like this from HOAs so often, it makes my blood boil.

Typically when repairs are noted, you send Your inspector back to see if the "issues" they recommended to be repaired, we're done.  Most "issues" raised by inspectors are overblown and just looks they are doing their job( "....could potentially lead to...").  There was No requirement for them to be done, and they have no obligation to "prove to you" that they were done.

@Karen Young , then, legally, I would think they have no obligation to show you.  

That said, if I was the HOA and I actually did the repairs, I would want you, the new owner, to have the warm and fuzzies after purchasing a property that I help ensure remains a great place for you. So, I would show you.

But that is logical and generally, a nice thing to do.  And if the work was done, all they have to do is open a filing cabinet and the issue is resolved.  So why would they not do that?

Simple.  Because they 1) didn't do the work, 2) they did the work but not in a way they or anyone would stand behind, or 3) they did the work correctly in a way that will last for years and are simply refusing to show you because Suite 105 still insists on growing beautiful flowers in pots that clash with the new trim color and the photo copier is broke again.  

Gerald Demers

@Karen Young , in your original post, you stated "Now I own the property and the HOA is refusing to let me see the completed work order, since I didn't own the property at the time the repairs were made."

I interpreted "refusing to let me see..." as the work was done but we don't have to show you.  Have they said the work was done but they don't have to show you?  Or are they saying if any work was done, we don't have to tell you or show you (which does not state the work was done, only they don't have an obligation to disclose?  

I don't know what property we are talking about: house, condo, townhouse? I guess the real question is, according to your HOA docs, who is responsible for roof maintenance. If it's the HOA, do they have the insurance to cover interior damage to your property if the roof does leak?

Gerald Demers

@Gerald Demers , the property is a condo. 

HOA is saying the work was done but we don't have to prove it to you.

HOA is responsible for the roof.

I guess asking about their insurance is the next step!

thank you for taking the time to comment, I sincerely appreciate it

@Karen Young

Your governing documents most likely have a provision that the records of the association are public to all members of the association. The management's contract with the association likely stipulates how much notice you would need to give their office that you'll be coming to inspect those records. They may even charge you to retrieve them from storage if they've already been archived. 

If the roof is the association's responsibility and they fixed it, they really don't need to prove anything to you but that doesn't mean you can't go through their files and locate the invoice yourself.

Usually home inspectors don't inspect condominium roofs unless you're referring to an inspection the Association had performed that was given to you in the resale certificate. At any rate, it's too late now but typically if you have post-inspection repairs done you get proof of it before you close. If these repairs were not a condition of your sale as you mentioned yet the Association still responded to the results and fixed it, why do you need proof? If anything, you should be thankful they even fixed it, some associations might ignore the issue all together until your unit floods. They were under no obligation to do anything about unless your elected board gave them direction. The fact that they took action is pretty impressive these days. Especially if the repair was recommended by a home inspector, they usually go overboard with their recommendations. I would've sent my own roofer out to double check for an association before taking advice from a home inspector. As a manager I can see why they might be annoyed with your request but I'd still send you the invoice to appease you. 

I'm with Gerald, it's possible the repairs weren't made or they were not done in the manner they should've been (for example, maybe they had the plumber go up on the roof and seal it). It's possible someone took care of the problem for the association but didn't charge them for it. If one of my contractors is already at the property, sometimes they'll fix little stuff for me and never charge me for it. It's fixed and it's fine but I don' thave a 30 page report to send to you about it. 

If the roof leaks and damages your unit, it would  be the Association's responsibility to fix your damaged unit. If their insurance denies the claim for lack of maintenance, then they would have to pay for it out of pocket, worse case scenario. 

Like John said, you could always send a roofer up there to check but be careful with that. Many associations have strict rules and fines about roof access. 

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