Solely from the facts given it appears that the HOA has not caused any damage. However, under the Governing Documents the HOA might be required to repair the damage and then make a claim against the County for the damage. I suggest the Association’s counsel review the Governing Documents in light of all of the facts and advise the Association as to how it should proceed.
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
If the HOA has a responsibility to maintain the chimneys under the covenants, then the HOA should get involved. If not, other than possibly sending a email blast to inform residents of the potential issues, the HOA has no stake in the matter and probably should think before expending community funds on clearly individual issues. If the HOA does send an email blast, it should also recommend that the individuals consider contacting their individual insurance carriers for the possibility of filing a claim.
Thrasher Buschmann & Voelkel, P.C.
151 N Delaware St #1900
Indianapolis, IN 46204
My quick assessment is that the Association could look into it but is likely not obligated to do so. Without reviewing the Association’s governing documents, I cannot determine if the Association is responsible for chimney repairs. If they are, it makes even more sense to assess the situation so that they can recover damages from the county or contractor that caused the damage.
It may be difficult to prove that the damage was caused by the road project.
Hellmuth & Johnson, PLLC
8050 West 78th Street
Minneapolis, MN 55439