The regular maintenance of a condo building or governed development is imperative to preserving the value of any planned community.

In many cases, the governing documents will clarify which maintenance responsibilities belong to owners, and which ones are managed by the association.

But every so often, something out of the ordinary happens, and there is confusion about who needs to handle the situation. Below is a general guide on condo, HOA and owner repairs to help you figure out when you need to take charge.

Table of contents

• Determining who is responsible
• Specific examples of who handles repairs
• Figuring out who pays for repairs
• Damage due to negligence
• Addressing slow/unsatisfactory maintenance repairs
• Maintenance and insurance responsibilities

  

Determining who is responsible

It’s important to understand that community associations are divided into different sections or spaces. This includes individual units or homes, limited common elements (aka exclusive use areas) and general common areas.

In a condo community, individual units generally encompass everything inside of the unit. Unless your association’s documents state otherwise, this typically includes the floors, ceilings, and interior walls.

For a townhouse or single home community, this term extends to the individual piece of land surrounding each house, as well as any other structure/s within it.

As the name implies, common areas are shared spaces; owners each have an equal share. This includes things like the swimming pool, clubhouse, gym, landscaping, and in some cases, roofs. Everyone within the community shares the responsibility for these areas.

Lastly, limited common elements are used by a select number of members in the community. These spaces are typically located on the boundary, or just outside the general property. A few examples of limited common elements include air conditioners, door frames, exterior doors, balconies, fences, and parking spots.

If the maintenance issue occurs inside the home or unit, in most cases, it’s the owner’s responsibility to fix it.

If the maintenance issue occurs in a common area, then the condo or HOA is responsible for addressing the problem.

Limited common element issues can be harder to sort out. Sometimes, the governing documents provide clarity, but that is not always the case. Often, but not always, owners are responsible for small or day-to-day maintenance tasks, and the association handles major repairs and maintenance work.

Regardless of its maintenance duties, the HOA has an obligation to inspect general and limited common elements on a regular basis to ensure that they’re well maintained. Failure to do so may lead to damage due to negligence, the consequences of which we’ll discuss below. 

  

Specific examples of who handles repairs

While not exhaustive, below are some specific examples of who handles which repairs:

  

Exterior maintenance, including roofs – condo associations are responsible for exterior maintenance work such as roofing, siding, and landscaping of common areas.

In an HOA, an owner is usually responsible for this work.

In a townhome community, the HOA often handles this work, but it depends.

  

Balconies –  a condo owner is responsible for cleaning and maintaining their balcony. However, when repairs or replacements are necessary, the association is normally responsible.

  

Plumbing and electrical systems – owners are usually responsible for the sections of plumbing and electrical systems that serve only their units.

For example, a broken kitchen faucet or a malfunctioning circuit breaker inside the home falls under the owner’s duties.

  

Shared systems – for shared HVAC systems, the association handles maintenance, repairs, and replacements.

Main lines or shared plumbing systems are overseen by the HOA as well.

  

Parking spaces – in an HOA, owners are responsible for their driveways, and the association would usually maintain shared parking areas.

In a condo, it depends on how the parking space is classified. Parking spots that are considered common elements are maintained by the association.

Exclusive-use parking spots are probably the association’s responsibility, but in this case, a condo may require the owner to maintain their space (cleaning up oil stains).

Parking units have their own separate legal titles and are legally owned by the people who have been given the parking spaces. The parking spots are not common elements, and therefore, owners could be expected to maintain and repair them.

  

Windows and doors – responsibility for windows and doors depends on how the association defines them. These items may be shared responsibilities.

Some condos cover the window frame and glass while others expect the owner to handle replacements.

  

Figuring out who pays for repairs

Now that we’ve defined repair responsibilities within a condo and HOA community, let’s look at how maintenance costs are divided between owners and the association.

In most cases, repairs that occur in an owner’s home are covered by the owner. The association uses the assessment or condo fees to pay for repairs made in common areas.

There could be some compromise when it comes to a limited common element. Maybe two owners who share a fence split the cost, or depending on the situation, the association and the owner would split the cost.

There are always exceptions to the rules, and property damage caused by negligent behavior is one of those exceptions.

 

Damage due to negligence

So what happens if an owner, or their guest, damages gym equipment or ends up flooding the clubhouse? The onus to pay for that damage almost always falls upon the shoulders of the person who caused it.

Some condos and HOAs will charge costs back to the member who was responsible for the guest. Note that this isn’t a form of punishment. Instead, it’s a way for the association to recoup the unexpected costs of repairing or replacing the damaged property that was not in its budget.

Similarly, if a unit or home sustains damage due to negligence by the HOA, it’s the association’s responsibility to fix the problem.

For instance, if an individual unit owner experiences water damage due to the HOA’s failure to maintain plumbing, then the HOA would be responsible for fixing the unit. However, the individual unit owner may still be responsible for paying the deductible.

It seems like a straightforward conclusion, but proving negligence is easier said than done. The owner may need to hire a specialist to confirm the root of the problem, and may still be the one to pay for the service provided by the professional.

Situations involving negligence need to be resolved on a case-by-case basis.

     

Addressing slow/unsatisfactory maintenance repairs

Even in the most peaceful and beautiful communities, issues arise and things can go wrong. It’s a fact of life. But, the speed and efficiency with which the association deals with such issues determine whether that community has the ability to recover from accidents, or if its property values will suffer.

Unfortunately, when it comes to maintenance issues, resolutions aren’t always so black and white. There might be some confusion around who must pay for what, especially if something like a leak in a common area ends up destroying someone’s individual property.

Another dispute may arise if there is a disagreement about who must replace window shutters or paint the exteriors of homes.

In most communities, the HOA is responsible for replacing shutters while owners are obligated to maintain them. But the HOA might disagree about when a replacement is needed.

If parties cannot come to an agreement on their own, then it’s wise to address the issue at an owner meeting.

What if owners are unhappy with the way in which the condo or HOA responds to maintenance requests, or its ability to maintain common areas in general? For instance, owners might feel that their HOA is neglecting pool maintenance. Maybe the greenery is starting to look unkempt and overgrown.

Your first course of action should be to refer to the governing documents. This is to ensure that you’re clear on the HOA’s maintenance obligations. The document should also set out what the proper recourse should be for a dissatisfied owner.

You might need to take photographic evidence of the overgrown area along with a note of the time and date at which the photo was taken. This makes it easier to understand the nature of the complaint.

Do some digging to find out why maintenance isn’t being done. Perhaps maintenance responsibilities are assigned to individual committee members to handle, and there are new people who need a bit of time to learn everything.

Other times, you’ll find that the problem is with the contractor and not the board. Avoid jumping to conclusions before finding out the cause of the delay or poor maintenance.

Only once you’ve gathered the relevant information, you can raise the issue at the next board meeting. If the board fails to resolve the issue to your satisfaction, there isn’t much else you can do about the problem, except mobilize other owners to sign a petition and remove a board member.

It is also possible to sue the association for negligence, but lawsuits are time-consuming and expensive, and their outcomes are never certain.

That being said, if you do decide to take the issue to court, you will need a compelling case and strong evidence.

 

Maintenance and insurance responsibilities

Property damage can happen due to an owner’s negligence, or the association’s failure to conduct regular inspections and repairs.

But it can also happen because of regular wear and tear, or as a result of natural disasters like floods, fires or hurricanes. Condos and HOAs have a responsibility to get insurance for most weather events. In fact, associations are required by law to take out insurance for common areas to protect against unforeseen damage and to cover major repairs such as a roof replacement or unexpected plumbing damage.

They are also expected to have an insurance policy that covers any and all alterations made to the general property. Coverage doesn’t usually include the replacement of individual owner components like walls, floors, ceilings, appliances, HVAC equipment, openings, built-in cabinets, drapes, curtains, electrical fixtures, etc. Owners must take out insurance to cover their homes or units.

This is generally supported by common legislation, which states that associations must acquire insurance coverage for the entire building, excluding the contents of the individual units. That way, when an insured event occurs, the association is able to replace or repair the damaged property in accordance with the community’s governing documents.

If you’re unsure about your condo or HOA’s insurance situation, consult with the governing documents to find out who’s responsible for repairs on the property that’s been damaged by an uninsured event. Just keep in mind that each community will have a different take on the subject.

 

Conclusion

Confusion around condo, HOA and owner repair responsibilities is a common issue in governed communities.

One of the best ways to resolve contentious issues is to study and improve upon the association’s governing documents. If the documents are lacking important information about who fixes what, it may be a smart move to amend them to provide clarity and minimize conflict.

Generally, anything inside your own unit or home is your responsibility. Any part of the community that is available to everyone is the association’s responsibility to maintain.

If there is an area that you share with only a few of the community’s members, then it’s likely a shared responsibility.

Of course, there are always exceptions, and if you are genuinely unsure about who should pay for a repair, you can always consult an attorney.