Expectations with a leaky roof; Sun-Sentinel
August 21, 2008

Forum Publishing Group

August 21, 2008

"Kay, the roof on my two-story unit is 23 years old. My roof has been repaired twice and I now have another leak. Both roofers told me it is rotted and needs to be replaced. I assume the rest of the units in the community are as well. My question: Is there a life expectancy on a roof and do I have a legal right to a new roof after it reaches or surpasses its life expectancy?"

The Declaration states that it is the board's fiduciary responsibility to provide for the operation and maintenance of the property. As far as maintenance and replacements of the capital assets of condos are concerned, roofs are probably at the top of the list. Roofs are very expensive. Many times there is not enough money in the coffers to pay for their replacement.

A lack of funds may occur for one or more of the following reasons:

A reserve study has not been done, or it has not been updated within the last three to five years.

The board of directors and the owners are not willing to increase the maintenance fees in order to fully fund the reserves.

The board is not willing to levy a special assessment.

A high percentage of owners are not paying their maintenance fees, so the receipts don't fulfill the operating budget requirements (the reserve funds must be tapped).

Due to an increase in materials, services, and labor, the amount set for the operating budget is insufficient (the reserve funds must be tapped).

An unexpected, urgent expense occurred and the repair or replacement of that item must come before anything else.

Money for replacements of the Common Elements of the condominium association is supposed to come from the reserve fund account, not the operating account. Let's look at what a reserve fund is and the purposes of it: The fund consists of money put aside for the replacement of the major components of the condo association's common elements.

The age, life expectancy of the common elements, condition, and design of the property will determine the amount needed in the reserve fund.

If a reserve study has been completed within the last three to five years, the association should be funding the reserves according to that study.

To determine if the reserve is being fully funded, compare the amount in this account to the amount shown in the reserve study — the two should match.

Reserve funds should be used for replacing the capital assets of the property, like roofs. A reserve study establishes the life expectancies of the major items. Usually, the delay to replace a major asset on the condo property by the board of directors is due to a lack of funds.