I Own A Condo And I Have A Leak
When You Discover a Leak: What Condo and HOA Owners Should Know
In most condominium and HOA communities, the board of directors is responsible for maintaining and repairing the property’s common elements, and that often includes the roof, exterior walls, foundation, and other structural components—unless the governing documents specify otherwise. New York condominium law places these responsibilities on the board through the bylaws and governing documents, which define their duty to manage and maintain the property and its common areas. Likewise, HOA‑specific guidance explains that common areas—and in many communities, roofs and other major exterior components—are repairs handled by the association, not the unit owner.
Step 1: Notify Management in Writing
If you discover a leak or other defect affecting your unit, your first step should be to notify the management office or board in writing. Written notice creates a documented record and triggers the board’s obligation to investigate and address issues involving the common elements they are required to maintain.
Step 2: If No Action Is Taken, Hire an Independent Professional
If the board or management fails to respond or the issue persists, you may want to hire an independent contractor to evaluate the problem. The contractor should identify the source of the leak, and if they determine that it originates from a component the board is obligated to maintain—such as the roof, façade, or structural exterior—you should provide management with a copy of the contractor’s written findings. This helps establish clear evidence that the issue lies within the association’s area of responsibility.
Step 3: When to Consider Legal Advice
If the board or management still fails to take action despite receiving proper notice and supporting documentation, it may be time to consult an attorney. Boards have a fiduciary duty to act in good faith and fulfill the maintenance responsibilities outlined in the bylaws and governing documents. When they fail to meet these obligations, legal guidance can help owners protect their rights and push for necessary repairs.
If you’d like to schedule a free 15-minute consultation, please call our office at 914-359-5455.