What to do if your HOA refuses to make repairs

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members and residents should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

What are HOA repairs?

HOA repairs typically involve the upkeep and maintenance of shared community spaces, structural elements, and systems that serve multiple units. Unlike repairs that are strictly the responsibility of individual homeowners, HOA repairs may fall under common area maintenance agreements outlined in the governing documents.

Each HOA has a set of governing documents that define which areas may fall under the HOA’s jurisdiction and how repairs should be handled. If you’re unsure about a particular issue, reviewing these documents is the first step in understanding whether a repair falls under the HOA’s obligations.

Massachusetts HOAs usually raise funds through monthly or quarterly fees, which go into a reserve account to handle ongoing upkeep and unexpected expenses. When an HOA refuses to make a repair, there can be many factors at play — perhaps there’s a misunderstanding about what’s considered “common,” or maybe the board is in the process of budgeting for a large-scale capital improvement and simply hasn’t prioritized that particular fix yet.

Regardless of the reason for an HOA refusing to make repairs, productive dialogue may help clarify expectations. That’s why property management companies like FirstService Residential focus on helping HOA boards align with community members on how repairs are conducted, budgets are managed, and communication is handled.
 

What repairs are HOAs responsible for?

The specific responsibilities of an HOA depend on its governing documents and state regulations, but some HOAs in Massachusetts may be responsible for:

• Exterior elements: Roofs, exterior walls, siding, windows in common hallways, and door frames to common areas may all come under the purview of the HOA. Maintaining these areas tends to uphold property aesthetics and overall building integrity.
   
• Recreational facilities: If your community includes a clubhouse, pool, or fitness center, the HOA may address repairs and maintenance for these amenities.
   
• Landscaping: HOAs often handle lawn care, tree trimming, and snow removal in shared zones. Given the unpredictability of Massachusetts weather, it’s common for the HOA to arrange timely seasonal cleanups to keep grounds looking presentable and safe.
   
• Road and sidewalk repairs: In communities where roads and sidewalks fall under HOA jurisdiction, repaving and fixing cracks or potholes may be within their scope of work.
   
• Shared mechanicals: In some communities, the association may cover repairs to communal HVAC systems, shared plumbing lines, and electrical units serving multiple homes. This can help reduce redundancy in upkeep and promote a consistent standard across all units.
   
• Security systems: If the community has gates, security cameras, or controlled access points, the HOA might address system repairs to maintain a safe environment for residents.
   
• Limited common elements: HOAs may be responsible for maintaining certain elements, even if they are for the exclusive use of a specific owner. For instance, you might have a deck attached to your unit that only you can use, but in some cases, the association may be responsible for structural repairs.

What to do if your HOA refuses to make a repair

If your HOA refuses to make a repair or is slow to act, there are a few ways you may consider moving forward.

1. Review your governing documents thoroughly

   Before assuming the HOA is responsible for a particular repair, review your CC&Rs, bylaws, and any policies specific to maintenance. Look for any clauses that may define whether the repair in question falls under the HOA’s scope. If the repair appears to be the HOA’s duty, it may be helpful to reference the specific section of the governing documents when addressing the board.
    

2. Submit a formal request

   If a repair seems necessary, consider submitting a written request to document your concern. Many HOAs have a process for submitting maintenance requests, which may include online portals or designated email addresses.
   
   When submitting a request, be specific about the issue, including its location and any potential risks it poses. Include photographs if possible, and reference the HOA’s responsibilities as stated in governing documents. This formal documentation may help track follow-ups and responses from the board.
    

3. Follow up with the board or property manager

   If there’s no response within a reasonable timeframe, a polite follow-up may help move things forward. Try initiating a positive conversation rather than expressing frustration upfront. You might send a polite email or attend a board meeting and explain why you think the repair should be a priority. Framing the conversation as a partnership rather than a conflict may lead to better results. In many cases, board members and property managers are balancing multiple priorities, so a reminder can help move the request forward.
   
   For complex repairs, the board may need to review bids from contractors or consult legal guidelines. If the delay is due to budget constraints, ask about alternative solutions, such as temporary fixes or special assessments to fund necessary work.
    

4. Attend a board meeting

   Attending an HOA board meeting may provide an opportunity to better understand the board’s decision-making process. During the meeting, stick to the facts and provide clear reasoning for why you believe the repair is necessary. Reference community standards and how the repair aligns with maintaining property values. Asking about potential obstacles preventing the repair from moving forward may help identify propose solutions.
    

5. Work with a property management company

   A well-managed HOA may be better positioned to proactively address maintenance concerns. When an association works with a professional property management company like FirstService Residential, there is often a structured process in place to handle repair requests efficiently.
   
   Property management companies can assist HOAs by:
    
   • Coordinating maintenance and vendor selection
      
   • Budgeting for long-term repairs
      
   • Communicating with homeowners regarding pending maintenance

For more than 30 years, FirstService Residential has helped HOAs establish clear maintenance procedures, proactive budgeting strategies, and streamlined repair processes that benefit both board members and homeowners. If your association could benefit from expert guidance in handling repairs and community operations, reach out to our team today to learn how we can support your HOA’s long-term success.