Fox31 Turns to Robinson & Henry on HOA Repair Disputes
After massive flooding left residents at an Aurora condominium complex dealing with damaged garages, flooded vehicles, and uncertainty about what comes next, FOX31 turned to Robinson & Henry for legal insight into an important question: Who is responsible when homeowners and HOAs face disputes over repairs?
The flooding at the Eleven One Eleven condominium complex left residents scrambling to move their vehicles as water filled the garages. Neighbors helped one another pull cars from the flooded areas, while others remained concerned about additional rain and the potential for more damage.
In an email to residents, the Eleven One Eleven Condominium Association said a water-damage company had been working at the property each day since the flash flood. The HOA also said it was arranging for 24-hour security.
As residents worked to recover, FOX31 interviewed Robinson & Henry Real Estate Partner Peter Towsky on the responsibilities HOAs and individual homeowners may have when repairs are needed in the story, What homeowners should know about repair disputes with HOAs.
Who is responsible for repairs?
With more than 12,000 HOAs in Colorado, disputes over maintenance and repairs can affect homeowners across the state. Understanding the division of responsibility between the HOA and an individual homeowner can be critical when property is damaged.
Towsky explained to FOX31 the key distinction.
“The association is responsible for the maintenance, repair and replacement of the common elements; the owner is responsible for their own unit,” said Towsky.
That distinction can become especially important after events such as flooding, where damage may affect both shared areas and individually owned property.
The governing documents for an HOA can also provide important details about maintenance and repair responsibilities.
Does an HOA have to hire a management company?
Another question homeowners may have is who they should contact when an HOA does not have a professional management company.
Towsky told FOX31 that an HOA is not required to hire a management company to operate the association. However, the association still has an obligation to maintain a means for homeowners and others to communicate with it.
Towsky added that an HOA must maintain a registered agent and mailing address, providing homeowners with a formal point of contact for association business.
The Eleven One Eleven Condominium Association had a registered agent and mailing address on file with the Colorado Secretary of State.
What homeowners should know about HOA disputes
Flooding and other major property damage can quickly raise questions about who should pay for repairs, who is responsible for coordinating work, and what an HOA is required to do.
Towsky's interview with FOX31 shows why homeowners should understand their HOA’s governing documents and the distinction between common elements and individual units before assuming responsibility for a repair.
For homeowners facing an HOA repair dispute, legal guidance may also help clarify their rights and the association's responsibilities.
Contact us today to discuss your situation and learn about your legal options. Call 866-530-2677 or book your consultation online to begin.
