One of the most important aspects of HOA living is understanding maintenance responsibilities. Clear boundaries between HOA and owner maintenance prevent disputes and ensure proper property upkeep. Knowing who's responsible for what helps you budget and plan accordingly.
General Principles
Maintenance responsibilities are typically defined by:
- CC&Rs and Bylaws: Governing documents specify responsibilities
- Unit Boundaries: Generally, HOA maintains common areas, owners maintain their units
- Type of Community: Condos vs. planned communities have different rules
- State Law: Some states have specific requirements
HOA Maintenance Responsibilities
HOAs typically maintain:
Common Areas
- Hallways, lobbies, and common interior spaces
- Elevators and stairwells
- Parking lots and driveways
- Landscaping and grounds
- Parks, playgrounds, and recreational facilities
- Pools, clubhouses, and amenities
Building Exteriors (Condos)
- Roofs and roofing systems
- Exterior walls and siding
- Windows and window frames (exterior)
- Exterior painting
- Structural elements
- Foundation (in some cases)
Shared Systems
- Plumbing in common areas
- Electrical systems serving common areas
- HVAC systems for common areas
- Fire safety systems
- Security systems
Owner Maintenance Responsibilities
Homeowners typically maintain:
Interior of Unit
- Interior walls, floors, and ceilings
- Interior painting and finishes
- Interior doors and windows
- Appliances
- Interior fixtures and finishes
Interior Systems
- Plumbing within the unit
- Electrical within the unit
- HVAC systems serving only the unit
- Water heaters
- Kitchen and bathroom fixtures
Exterior (Planned Communities)
- Exterior of the home
- Roofing (in some communities)
- Yard and landscaping
- Driveways and walkways
- Fences and exterior structures
Gray Areas and Disputes
Some maintenance items fall into gray areas:
Windows
Responsibility varies:
- Interior glass and frames: Usually owner
- Exterior frames and sills: Often HOA
- Window mechanisms: May depend on location
Plumbing
Boundaries can be unclear:
- Pipes within unit: Usually owner
- Pipes in walls or common areas: Often HOA
- Damage from owner's pipes: Usually owner's responsibility
Electrical
Similar to plumbing:
- Wiring within unit: Usually owner
- Common area wiring: HOA
- Electrical panels: May vary
Damage Caused by Owner
If owner actions cause damage to common areas:
- Owner typically responsible for repairs
- May be charged back to owner
- Insurance may cover some costs
Condominiums vs. Planned Communities
Maintenance responsibilities differ significantly:
Condominiums
HOAs typically maintain more:
- Building exteriors and structures
- Common interior spaces
- Shared systems and utilities
- Landscaping and grounds
Owners maintain less (primarily unit interiors).
Planned Communities
Owners typically maintain more:
- Entire home (interior and exterior)
- Yard and landscaping
- Driveways and walkways
HOAs maintain common areas and amenities.
How to Determine Responsibilities
To clarify maintenance responsibilities:
- Review CC&Rs: Check governing documents for specific provisions
- Review Bylaws: May contain additional maintenance provisions
- Check State Law: Some states have specific requirements
- Ask the HOA: Request clarification from management or board
- Review Maintenance Policies: Check HOA maintenance policies
- Consult an Attorney: For complex situations or disputes
Common Disputes
Maintenance disputes often arise over:
- Water Damage: Who pays when pipes leak?
- Roof Leaks: HOA roof vs. owner's responsibility for interior damage
- Window Replacement: Who pays for broken or failed windows?
- Landscaping: Boundaries between owner and HOA landscaping
- Parking Areas: Maintenance of driveways and parking spaces
- Fences: Maintenance of shared or boundary fences
Preventing Disputes
To avoid maintenance disputes:
- Understand your responsibilities before problems occur
- Review governing documents carefully
- Ask questions if responsibilities are unclear
- Maintain your property proactively
- Report HOA maintenance issues promptly
- Document maintenance requests and responses
- Keep records of maintenance performed
What to Do If Disputes Arise
If you have a maintenance dispute:
- Review Documents: Check CC&Rs and bylaws for specific provisions
- Document the Issue: Take photos and keep records
- Contact HOA: Request maintenance or clarification
- Request in Writing: Put requests in writing for documentation
- Follow Up: Follow up if issues aren't addressed
- Consider Mediation: For serious disputes, consider mediation
- Consult an Attorney: For complex or costly disputes
Before You Buy
When evaluating a property:
- Review maintenance provisions in CC&Rs
- Ask about typical maintenance costs
- Inquire about maintenance dispute history
- Check condition of HOA-maintained areas
- Understand your maintenance obligations
- Budget for owner maintenance responsibilities
Conclusion
Clear understanding of maintenance responsibilities is essential for successful HOA living. By reviewing governing documents, asking questions, and maintaining your property, you can avoid disputes and ensure proper upkeep. When in doubt, consult governing documents or seek clarification from the HOA.