HOA Failed to Repair Roof

Hi Richard,

In California, if your HOA has failed to fulfill its contractual obligations to repair your roof as outlined in the governing documents, mediation or expert intervention can be effective steps toward resolution. Start by carefully reviewing your HOA’s Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and other governing documents to confirm the association’s responsibility for roof repairs. Document all your communication with the HOA, including emails, letters, and any responses received, as well as the state of your roof and any related damages. This evidence will be crucial if further action is needed.

You can request mediation, a common and often required step under California Civil Code (Davis-Stirling Act), to resolve disputes with an HOA. Mediation is a non-binding process where a neutral third party helps both sides reach an agreement. To initiate mediation, send the HOA a written demand for Alternative Dispute Resolution (ADR), as the Davis-Stirling Act mandates attempting ADR before filing a lawsuit for most disputes. If the HOA declines mediation or the process fails, you may then consider legal action.

In parallel, consider hiring an expert, such as a licensed contractor or roofing inspector, to assess the condition of your roof and provide a professional opinion. Their report can serve as valuable evidence to substantiate your claims. If the HOA remains unresponsive, a court may order them to comply with their repair obligations or compensate you for damages resulting from the delay. Taking these steps will position you to resolve the issue efficiently and protect your rights as a homeowner.