Inspecting a roof…… or rather not inspecting a roof on a townhome where the HOA states it covers exterior building maintenance. I researched the property in question and according to the MLS the HOA covered exterior building maintenance so I quoted the property accordingly. Now 1 year later the client states they need to replace the roof and their HOA says they’re responsible for roof. Anyone run into this tricky wording of “exterior building maintenance “?
Any thoughts on responding to client?
That was your primary mistake.
Townhome HOA issues can be tricky, but you didn’t inspect it, and now its coming back for repairs.
If you’re covered by E&O, contact your carrier and seek advice on how to proceed and what to say/not say.
I always tried to put my opinion of the roof covering whether it was requested or not…
Any Condo or Townhome I inspect, I always suggest/state that the client and/or their representative, should consult with the seller and HOA/COA to the specifics that are covered on exteriors/common areas. I NEVER state what may or may not under that veil. It’s up to them to do their homework. Not me.
Always inspect the exterior like there isn’t a HOA,
Over the past few years, most of the HOA’s around here have gone from covering all roof replacements to only covering roof replacements that have exceeded their normal life expectancy. Each owner must have homeowner policies that cover storm damage.
Also, windows and doors are almost always excluded from the HOA’s around here.
Wait until a HOA hires you to assess the exteriors after a storm. Everyone in the complex quickly learns who you are and lets their opinions known.
Always inspect the roof if possible, regardless of if the HOA is responsible for paying for it. That said, just because the HOA says it needs to be replaced doesn’t mean there would have been anything to report on (other than age possibly) in your report. Many times the HOA does a bunch of roofs at once, regardless of each unit’s individual condition.
All potential buyers should be aware of “Special Assessments” that pertain to all owners “pitching” in to cover the cost of fixing things. Again, as HIs, were are not obligated to clients that they should be aware of this. Out of common courtesy, I aways suggest that they make sure they read and understand HOA/COA bylaws.
I always will inspect all exterior walls for the unit, roof over the unit, and attic over the unit if there is one.
Many of my clients want to know the condition even if covered by an HOA because it gives them insight to how well the HOA takes care of the place.
I’ve found damage in a condo from a roof leak, that was supposed to have been covered by the HOA.
Aside from inspecting as others have suggested, one other thing that clients appreciated knowing to check into was the whole last year’s minutes of the HOA meetings. It helped them understand the condition of the HOA itself and what they may be responsible for as an owner/member.
I always inspect the roof and exterior of townhomes or duplex style “condos in an HOA”. The only time I don’t inspect is if it’s a unit in a large building, a true condo. Anytime, an agent tells me I don’t need to inspect the exterior because it’s in an HOA I laugh.
Was the roof excluded in the contract and did you disclose in the report why the roof was excluded?
Agree with Richard’s question. I frequently don’t inspect the roof or exterior of townhomes where the HOA covers the exterior and I charge less for those inspections. My report disclaims and explains this.
I always ask the client and their agent about what the HOA covers. Now you know that you cannot trust the MLS (the MLS disclaimer states that the information may not be accurate and boy, is that an understatement).
Tell your client that you understood as they did that the HOA covered the roof because of the MLS and conversations with them and the agent and therefore, you did not inspect the roof. And point out that your fee was based on that understanding.
Always inspect what you can and disclaim what you cannot see or inspect. I will comment about the roof or exterior “likely” being the responsibility of the HOA but try to stress that the financial responsibility ultimately goes back to the individual property owners either in total or as a percentage of their ownership. I also stress that they should do their due diligence as to HOA accounts and financial records especially when the property is showing signs of deferred maintenance or if it is newer property reaching the magic age of 12-15 years where things begin to wear out and need higher levels of maintenance. Never ever state a fact that you are not 100% certain if it can come back to bite you. Put yourself in your clients shoes.
Not to dog you Jess, but you can simply state that “The exterior and roof will not be inspected per clients request.” and have that in your inspection agreement. 
Wait a second…! What?
You stated here that “The HOA is responsible for the roof maintenance”, Right?
So, what does it matter who is responsible for it’s maintenance. You are inspecting the property, Right? Isn’t the roof part of the property?
I just do not get a clear picture of your issue here. Let’s say you are inspecting my house and I have a maintenance contract with a plumbing contractor for all possible repairs that could happen for a term of 5 years. So, you won’t inspect the plumbing as part of your inspection? Yeah! That was a question!?! If you respond “No”, I simply won’t hire you to inspect my house, PERIOD…!
How about the gutters? You won’t inspect the gutters either? Downspouts, neither?
Was this a Townhouse, Right? Not a Condominium Apartment Building, Right?
And the other aspect of “your presentation” that I do not get is… “1 year later the client says … yada, yada, yada” One year later!?!, what do you as an Inspector have to do with that property ONE (1) YEAR later? Did you sell them a Roof Warranty, Did you?
As others have said, the MLS is a bad place to get any accurate information. The agent that lists the property typically includes a lot of errors. Maybe not intentionally, but they have proven to be unreliable.
In a HOA arrangement in Maryland they generally only take care of snow removal, lawns and shrubs, parking lot, etc.
In a Condominium Association (typically multi-unit buildings) they take care of the exterior of the building because it is common property, but major expenses (like roofs) incur a special assessment for the repair/replacement.
My report templates are set up to accommodate the different legal arrangements above. While condos will have a greater common element than HOAs, I make a point of walking and describing common elements (where accessible) to indicate the level of maintenance done. Nobody wants to buy into a group that defers the basic maintenance. I also include recommendations to review the Condo / HOA documents before settlement.
Never count on the Realtor or Listing to disclose enough information to the buyer to cover your ass! They will throw you under the bus every time.
I do like Bob does.
I inspect all roofs. Even if the association is responsible for the maintenance. They aren’t going to repair something that they don’t know about. I have found plenty of roof issues. My client doesn’t need to wake up to water dripping, items stored in the attic damaged or mold growing in the attic. It goes in my report and they can file with the association the issues before they become my clients problem.
As an insurance adjuster what I can say is that maintenance responsibility and insurance responsibility are not the same. This is a common error. The only way to know for certain is to examine the CC&R’s (which would likely be my defense in this situation btw - that they we’re not provided) to ascertain what party is responsible for insuring the dwelling (walls out, siding, gutters, roof, etc). A Condo/Townhome owner may be responsible for that insurance and would therefore be responsible for replacing the roof. Also - why does the roof need to be replaced? Is is as the result of wind or hail damage, old wind or hail damage, or just age and condition? Could it possibly just need to be an insurance claim? Did they file an insurance claim and it was rejected? So many questions that could be raised in this situation.