Who is Responsible for Roof Repairs in a Townhouse?

When you have a problem on the roof of your townhome, it is rarely clear who is responsible for the cost of the roof repair and any resulting damage. Much like condos, townhomes may have complicated ownership structures. Plus, those who live in neighbouring townhomes own the same roof. Here are a few ways to determine who is responsible for your townhome’s roof repairs.

Do You Have an HOA?

A homeowner’s association is an important part of the puzzle of who should be footing the bill for the roof repairs. If your homeowner’s association cares for outdoor maintenance tasks, the roofing may fall under their purview. In that case, they should be responsible for getting your roof repaired.

You’ll need to look into the specific agreement your HOA has with you in order to determine if the roof is owned by it or it’s responsibility. Some HOAs may attempt to make townhome owners pay for roofing repair even when it is not the homeowner’s obligation. If you suspect this may be the case for you, you should seek legal help.

Even if your HOA does not have any financial stake in your roof, they may limit you as to what kind of roofing materials you can install on your roof, so it is wise to check up with them before repairs begin.

Who Owns the Townhouse?

If you don’t have an HOA, there still may be other people who own the townhome and who therefore are responsible for roof repairs. For example, it is possible that the whole townhome is owned by a landlord. In this case, it is the landlord and not any of the tenants who is responsible for the roof repairs.

It is, of course, much more common to have three or more townhomes connected under one roof, each owned by a different individual, without a governing body to operate the whole building. In this case, each is responsible for the portion of the roof above their own section of the home. This should be clearly defined in the house deed.

If the repairs are so large that they affect your roof and your neighbor’s roof, you will each have to pay for your portion. A roofer can divide up the work fairly and quote you each separately for it.

Did Someone Cause the Roof Damage?

Sometimes you or your neighbor may cause roof damage actively or through neglect. For example, did your neighbor walk on your roof when they put up their Christmas lights? By doing so, they might have caused damage to your shingles and a leak. Or, what about if your neighbor refuses to clean out their gutters? They may get clogged and create a backflow of water onto your shingles. If this results in damage or a leak, your neighbor could be responsible for the repairs you have to make.

It can be challenging to prove that your neighbor caused your roof damage, but a roofer and a lawyer can help make your case and hold them responsible for the roof repairs on your part of the townhome.