Homeowners associations are known for having well-maintained shared spaces and common areas. In fact, it’s the main selling point of living in a planned community. What are the HOA maintenance responsibilities you should be aware of? Here is what board members and community residents need to know.
What are HOA Maintenance Responsibilities?
Two things dictate HOA maintenance responsibilities: state law and the community’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
States often have dedicated laws governing planned communities. These laws generally outline how a planned community is created, what restrictions can be in place, and how it should be managed.
As you might expect, they also indicate what the HOA is responsible for maintaining. For example, California law generally states that, unless otherwise provided in the governing documents, HOAs are responsible for maintaining the common areas while homeowners are responsible for separate interests and limited common elements.
Apart from state law, the community’s CC&Rs also outline what the HOA must maintain and what homeowners are responsible for. While these can vary between associations, HOAs are typically required to maintain the following:
1. Common Areas
HOA community maintenance usually includes the common areas. But, what are common areas anyway? Common areas typically refer to HOA amenities, facilities, and properties that all unit owners can use. For example, HOA parks, gyms, clubhouses, and fitness centers all fit this category. Shared pathways like sidewalks and private roads are also included. In condominiums, these also include hallways and elevators.
HOA maintenance responsibilities typically encompass the following:
- Inspection. Homeowners associations are responsible for periodically inspecting the common areas to check for damages.
- Cleaning. HOAs are responsible for regular cleaning of all common elements and shared spaces.
- Repair and Maintenance. HOAs must conduct regular maintenance activities to ensure each facility is in good condition. The association is also in charge of repairs should any damage occur to the common areas.
- Infrastructure. HOAs are often required to maintain shared infrastructure like walkways, sidewalks, private roads, and parking lots. They are responsible for fixing any cracks, potholes, or water damage they find in these areas.
- Utilities. Homeowners associations cover the cost of repairing and maintaining utilities like sewage, plumbing, and electrical systems.
- Landscaping. HOAs are responsible for the landscaping in each common area like parks and community entrances.
2. Limited Common Areas
HOA maintenance fees may also cover limited common areas, depending on the provisions of the governing documents. Limited common areas, also known as exclusive-use common elements, are shared spaces that are only accessible to specific homeowners. These types of spaces are most common in condominiums.
For example, a condominium may have a shared balcony only accessible to units on one side of the building. In this case, the shared balcony is considered an exclusive-use common area that the HOA may maintain.
It’s important to remember that the governing documents may have different requirements when it comes to limited common area maintenance. In some communities, these spaces are left in the care of the HOA. Meanwhile, other communities assign maintenance responsibility to the unit owners who have access to these areas.
3. Exterior Maintenance
Homeowners associations are also in charge of HOA exterior maintenance. This means they are responsible for maintaining the structures and exteriors of common components and buildings. These include sidings, roofs, and exterior walls that are not a part of separate interests. Exterior maintenance is most common in condominium associations. However, it also applies to structures in single-family and townhome communities that have shared buildings.
What Should Homeowners Maintain?
Homeowners are not free from maintenance obligations. Just like the HOA, they’re required to maintain their separate interests. Separate interests refer to property owned exclusively by unit owners, such as apartments, condominium units, lots, and houses. Moreover, they may include the spaces surrounding a home, like the front and back yards and driveways.
In some cases, homeowners associations will offer landscaping services to ensure individual yards and lawns look pristine. However, this is not always true. Homeowners should check the governing documents to verify what services the HOA will provide.
What About Damages Caused by Members?
You might think that all HOA repair responsibilities for the common elements fall on the association’s shoulders. However, if a member causes the damage, the person responsible may vary.
In these cases, the HOA’s insurance may cover the cost of repairs and maintenance. However, state law also has certain regulations that dictate who may be held responsible. In California, community associations may charge a reimbursement assessment to the homeowner responsible for the damage. This means that the homeowner may need to pay for the repairs if they, their guest, or their tenant damages the common elements.
Who is Responsible for Water Damage?
Water damage is tricky to resolve as the root cause can be hard to pinpoint. Generally, who is responsible for water damage depends on where the damage has occurred. HOAs are usually responsible for water damage in the common areas. Likewise, homeowners must take care of water damage in their own homes.
In some instances, the HOA or homeowner may be responsible for water damage if it resulted from their negligence. If the water damage started from either party’s area of responsibility, it may also be the HOA or homeowner’s responsibility. However, this is not always the case, and it’s usually best to handle these issues on a case-to-case basis.
Insurance Responsibilities
Damages to the common elements are inevitable. Yes, they can happen due to the HOA’s or homeowners’ negligence. Nonetheless, they can also occur because of natural disasters or regular wear and tear. Regardless of the cause, the HOA has a responsibility to obtain ample insurance to avoid levying special assessments.
In fact, some laws require associations to obtain HOA insurance to cover the cost of property damage and liability claims. The association’s governing documents may also mandate the board to maintain sufficient coverage to prevent the HOA from levying hefty special assessments.
Who Pays for Maintenance?
The association has responsibility for HOA maintenance. The board is in charge of inspection, regular cleaning, upkeep, repairs, and replacements. However, while the HOA is responsible for conducting all these activities, the association will have to draw funds from homeowner assessments.
This means that, in essence, the homeowners themselves are paying for all the upkeep. Every resident shares the financial responsibility by paying their monthly dues to the HOA. This money is used for common area maintenance and to fund the HOA’s other operations.
What Should Homeowners Do if the HOA Neglects Maintenance?
Homeowners pay their monthly dues expecting the HOA to meet all their maintenance obligations. However, there are times when the board is negligent or fails to fulfill its maintenance obligations. What can homeowners do in that case? Here are some steps you can take:
1. Review the Governing Documents
Homeowners should first review the governing documents to verify what the HOA is responsible for. They should check whether or not the HOA is indeed being negligent or if they are simply maintaining only the facilities the HOA is responsible for. Moreover, the governing documents may contain procedures for reporting maintenance issues.
2. Report the Maintenance Issue
Homeowners should first report the maintenance issue to the board. The HOA may have simply failed to notice the problem during their regular inspections. Take photos with timestamps and dates and send them to the board as evidence. It may also be helpful to take a video of the issue, if possible.
If the HOA does not have a proper reporting system in place, homeowners may also choose to communicate with the board directly. They may also attend the next board meeting and raise the issue there.
3. Talk to the Board
The HOA board may already know about the issue and are working on a solution to fix the problem. Delays happen all the time due to a lack of funds, challenges with vendor management, a deeper problem that’s causing the maintenance issue, or simply a lack of experience on the board’s part. Whatever the root cause may be, it’s important to speak with the board to understand the root of the problem. Large, complex issues may take time to resolve.
4. Try Dispute Resolution
There are times when the HOA board fails or neglects to fulfill its duty. They may be unresponsive or simply negligent when it comes to minor maintenance issues. In these cases, the best course of action is to enter dispute resolution with the association.
Some communities may have internal dispute resolution systems in place. Homeowners should review their community guidelines and follow the proper procedure to resolve their concerns. If there are no internal dispute resolution procedures, though, the homeowner may turn to third-party mediation or arbitration.
5. Remove the Problematic Board Member
Homeowners may remove the problematic board member as a last resort. Typically, this requires a community vote and a special meeting. According to the community’s procedures, homeowners must petition to recall a director.
The Bottom Line
Board members and homeowners should be aware of many HOA maintenance responsibilities. Staying on top of these responsibilities will ensure the HOA remains compliant with state law and the governing documents. Moreover, it will ensure that the community’s property values always remain high.
Personalized Property Management offers various HOA management services to communities in Southern California. Call us at 760-325-9500 or email us at info@ppminternet.com to learn more!
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