[WSBARP] HOA Liability

[Michael Brandt]

Bryce:

Your analysis is correct.  The duty of the Board is going to be ordinary and reasonable.  If you want specifics, I would ask a good roofing company or a good community association management company for a proactive inspection schedule.

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com 



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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Saturday, March 19, 2022 1:37 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] HOA Liability

I have a HOA Client that is a Platte community organized prior to July 1, 2018 and the CC and ours require that the association maintain the roofs. The question is what is the liability of the association for leaks in the roof that cause damage to the interior of the unit when the association had no prior knowledge of the leak. Is there a duty then to inspect the roofs on a periodic basis as recommended by a roofing company and make any repairs as to roof conditions which could cause a leak but that if something develops after the inspection and before the next inspection the association is not liable in other words the association is not a guarantor that the roof will not leak but it’s only obligated to make repairs that is aware of and then the next question is what is its obligation as to make inspections and how frequently. Any input would be appreciated. Thank you

Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

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