Legal Question in Real Estate Law in Pennsylvania
Condominium roof system components
I live in a townhouse condominium which has a peaked roof. By definition I own the air space within the walls, floor and ceiling. The house has one broken roof truss and one sagging roof truss causing weight to be shifted from the outer walls to the inside drywall ceiling and resulting in damage to the entire second floor ceiling.
A truss is a component of the roof system. Is the roof system considered a part of the structure and owned by the Condominium Association? Or since the trusses are in the air space do I own them? The HOA is claiming responsibility for only the roof shingles and not the structure holding up the roof, or the roof itself.
1 Answer from Attorneys
Re: Condominium roof system components
The HOA is responsible for ALL structural elements. Demand they make all structural and consequential repairs IN WRITING. Give them a 2 week deadline to do so. IF they blow the deadline, go to an atty and file suit immediately. THye will drag their feet, so you MUST push the issue. All the units should have their roofs inspected too.
They MAY have insurance to cover this damage, so I'd suggest you tell them to check with their insurance folks!