As BHA has assumed the obligation for roofs maintenance and replacement with fall 2018 amendments to BHA governing documents, a long-term BHA roofs maintenance plan is required. With the roofing upgrade, BHA will have the GAF Golden Pledge warranty coverage on all of our roofs.
Limiting BHA exposure to maintenance issues
Contact HMC if you have any roof-related questions or concerns. GAF Golden Pledge warranty will cover all our roofs regardless of whether or not homeowners make any of the recommended changes to insulation and ventilation problems that are identified during the roofing inspection, but it is important to note that any maintenance costs incurred due to a homeowner’s failure to address insulation and ventilation issues will be assessed back to that homeowner.
The roofing company, as well as BHA, will track ventilation and insulation issues by unit; and those records will be consulted if problems arise. If neither the GAF warranty nor insurance cover a maintenance issue, BHA will be responsible, with a caveat that costs will be assessed back to any homeowner who failed to address their maintenance requirements per their inspection report.
It is also important to note that with the completion of the roofing upgrade, no homeowner may conduct any work on a roof without completing an ACC application that will also require our GAF representative to sign off on the work done. This is a step we must take to ensure that the transferrable GAF warranty remains intact.
Reasonable plans and precautions to decrease ice dam issues
Roofing experts advise us that the new architectural shingles roofing system, with all ventilation and insulation problems addressed, will reduce the likelihood of ice dam formation on Birnamwood roofs. Though the possibility of ice dam formation will be lessened with upgraded roofing materials and adequate insulation and ventilation, ice dams may still occur due to extreme temperature changes resulting in sudden thaw and refreeze in MN.
Insurance may cover damage related to ice dams. If it does not, BHA will be responsible for maintaining roofs - and this would likely include addressing ice dams as needed. If ice dams do occur, BHA’s roofing company is available to provide ice dam removal services at a reduced cost to our Community.
It would not be fair to ask our community to pay for ice dam removal on units that failed to address identified insulation issues, so homeowners are asked to address their inspection report issues immediately. If insulation report issues have not been addressed, any ice dam related damage or costs could be considered a result of homeowner negligence with the homeowner liable for cost of any ice dam removal and/or related damages to their roof area and any adjoining areas.
What BHA Governing Documents say
… Declaration 9.1 - Maintenance by the Association. Roofs maintenance now falls within BHA purview and is discussed in this section of the BHA Declaration. Insulation is the responsibility of the owner, but there is a caveat of importance here, as adequate insulation and ventilation contribute to roof integrity. If the owner fails to allow an insulation inspection or fails to address issues that the report identifies, there may be homeowner liability per section 9.3 below. Any roof-related issues will be investigated by our roofer, as no homeowner may address their roofing issues once the upgrade occurs. If the roofer determines that the problem on either the owner’s roof and/or an adjacent, contiguous roof section was caused by inadequate insulation or ventilation issues that the homeowner failed to address, the costs will be assessed back to that homeowner who failed to address the issue per BHA governing documents.
Declaration section 9.3 - Damage Caused by Owner. “…if, in the judgment of the Association, the need for maintenance, repair, or replacement of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Owner of the Unit responsible for the damage.”
Declaration section 13 – Compliance and Remedies. 13.6 - Liability for Owners’ and Occupants’ Acts. “An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner’s acts or omissions, or by that of Occupants or guests in the Owner’s Unit, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant.”
By-Laws, Section 6 – Board of Directors; 6.4 Powers. “…shall include without limitation, the power to:” 6.4.g. - regulate the use, maintenance, repair, replacement, and modification of the Common Elements and the Units…”
It is in each homeowner’s best interest to allow an insulation and ventilation inspection, to subsequently take prompt action to address items listed on the inspection report, and to avoid doing any work on upgraded roofs without submitting required ACC applications and receiving confirmation that work meets GAF warranty requirements. This will ensure optimal roof function and offer homeowners the best protection against roof-related problems.
Contact HMC with any roof-related questions.