What repairs are HOAs responsible for?

Monday December 16, 2024

Your in-depth guide to HOA maintenance responsibilities 

When living in any community, regardless of whether there’s a presence of a homeowner’s association (HOA), you can count on one of the main inquiries and discussed topics to be around maintenance. Specifically for those properties that are under an association, board members see maintenance as an essential entity to help preserve property value and keep residents content and safe. This makes it understandable if you wonder what repairs HOAs are responsible for and which they aren’t.

What repairs are hoa responsible forIf you’re a board member, you want to avoid any instances of negligence, and if you’re a resident, you want your property to be well taken care of in all aspects, and knowing which are and which aren’t your responsibilities is key. In this article, we’ll go over what HOA maintenance is, what it includes, damage-specific frequently asked questions, and which fixings are within the scope of their responsibilities.
 

What is property management maintenance?

Property management maintenance includes all tasks and services required to keep your property in good condition and working properly. This includes preventative maintenance or any post-claim scenarios. Some examples include:
  • Housekeeping
     
  • Painting
     
  • Landscaping
     
  • Pool cleaning
A large component of maintenance is its preventability, but there is value in predictive maintenance as well. Preventable maintenance uses data to see when the already existing systems might fail, instead of just altering systems “every once in a while” or “here and there.” Nevertheless, there should always be a property management maintenance plan established for communities to help mitigate any unwanted maintenance surprises.
 

Is maintenance included in HOA fees?

Depends on the maintenance, but yes, maintenance for general and shared elements of the community is included within your HOA fees. It’s important to know that this maintenance does not apply to the areas inside your unit, but to those within communal areas or building exteriors. The variety of maintenance offered depends on which type of community you live in, but some common examples you are likely to see offered include:
  • Preventative maintenance of heating, ventilation, lighting, security, and plumbing systems
     
  • Lawn care
     
  • Snow removal
     
  • Trash removal
     
  • Pest control
     
  • Amenity maintenance

HOA exterior maintenance

Exterior maintenance in a community can be divided into two: a unit’s specific exterior vs. the community’s general exterior. If you are a homeowner, you are responsible for the exterior maintenance of your sole property. Meanwhile, you do not have to worry about any exterior repairs or touch-ups that are within the common areas in the community.
 

What repairs are HOA responsible for?

If you're wondering what repairs are HOAs responsible for, the answer can depend on multiple factors. For instance, they are responsible for preventable maintenance in most communities, but each specific maintenance work can differ based on the type of community. Plus, there are non-preventative efforts you may need clarification on who is responsible for them.

Preventable maintenance is different from post-breakage repair, as these are replacements after an issue with the system occurs and isn’t functioning correctly. If this issue is taking place within the common shared areas and community amenities, then this would fall under the HOAs responsibility. Let’s say an air conditioning system that serves the community’s fitness facility breaks down, its repair or replacement would typically fall under the HOA's responsibilities. However, certain maintenance obligations should be confirmed in the HOA’s governing documents, as responsibilities can vary by association.

The number of repair services can also vary depending on your type of property. For instance:
  • High-rise buildings require elevator maintenance more than most properties due to their vertical living spaces. HOAs are responsible for these tasks as well as maintenance for gyms, rooftop terraces, hallways, staircases, shared parking garages, and more.
     
  • For single-family homes in planned communities, HOAs are likely to be responsible for parks, playgrounds, community centers, shared amenities, and any perimeter maintenance (walls, fencing, and entrances) within the shared portions of the community.
     
  • In townhomes and condominiums, associations are likely to take on the maintenance responsibility of the landscaping, sidewalks, and shared parking/driveways. For condominiums, you can also expect your hallways, staircases, and amenities to also be taken care of by the HOA.
     
  • Co-op buildings can blur the lines of responsibility at times since homeowners don’t own individual units but shares in a corporation. For this reason, it’s common to see that the tenants are responsible for their own repairs if they were necessary due to their own actions or negligence. If not, most responsibilities lie within the co-op.

What happens if HOAs refuse to make repairs?

If an HOA refuses to make repairs that they are liable for, you have options for next steps.
  • Review the documents and assess if they are responsible for the damage in the first place. Miscommunication is normal and can happen anytime, and reviewing governing documents can help provide clarity.
     
  • Contact a board member to discuss the issue at hand and see if there is a middle ground that can be reached with the discussion.
     
  • Submit a formal appeal or request to the board members. If the previous methods don’t work, this way allows for an official process to begin.
     
  • Consider legal action as a last resort if the HOA neglects its responsibilities. After all, if they are responsible for the repair or maintenance of something and fail to comply, this is a breach of contract that can bring unwanted consequences to the association. Using a legal professional in HOA law can help have a confident case during this process.
The key is to stay calm and follow the process. While it can take some time, many issues are resolved through open communication and a clear understanding of what the HOA is supposed to cover.
 

Damage-specific FAQs

Who is responsible for pipes in condo walls?

HOAs are typically responsible for pipes in condo walls if:
  1. The pipes serve multiple units
     
  2. The pipes are within common walls
     
  3. Damage affects common areas or multiple units
For example, if a shared water main bursts and causes flooding in several units, this would land under the HOA for repair, as the unit homeowner is not responsible for this issue, and the problem does not stem from one unit only. If the pipe causing issues in a unit only serves that specific unit, then the homeowner would oversee this repair. Sometimes, associations will have insurance to help cover certain repairs, or homeowners may have their own insurance policy to cover damages. Whichever the case may be, we recommend you review your governing documents for clarification.
 

Is my HOA responsible for water damage?

Like pipe damage, your HOA is responsible for water damage if the damage originates in HOA-maintained areas, if the damaged area is shared, or if it was caused by negligence by the HOA. If there is damage originating and only causing issues inside your unit, this would be your responsibility.
 

Do HOAs cover roof replacement?

In most cases, your HOA is responsible for replacing roofs if they’re part of common areas and shared property. This is also most typical in condo and townhouses where the roof protects many units or even the entire building. But in single-family homes for instance, the roof may only pertain to the homeowner since it is not shared with any other property.
 
We recommend you check your HOA’s governing documents (CC&Rs) because, in some cases, the responsibility for roof replacements or repairs may fall to the individual homeowners. Consider which type of property you reside in, or how it’s structured and divided to consider what is shared versus private space. If in doubt, always refer to your association documents or ask your board members or property management company.
 

Property management simplified

Assessing what repairs are HOAs responsible for can be confusing for some homeowners, but just know you're not alone. By staying informed, communicating clearly, and following the right steps, you can help provide that your property and community are well preserved.
 
FirstService Residential supports communities by taking care of the day-to-day tasks, including preventative maintenance programs. Contact us TODAY to discuss how we can support your community.
 
Monday December 16, 2024