Understanding Maintenance Responsibilities in Your Community Association

Condominium, homeowner (HOA) and townhome community association board members have a fiduciary duty to maintain their property in a safe and habitable condition. Regular maintenance protects the association’s assets, helps prevent costly repairs, and preserves property values.

A poorly maintained association can damage the community’s reputation, deter potential buyers or investors, and lead to expensive legal or insurance issues. By prioritizing maintenance, board members and property managers can help ensure that the association remains in good condition and continues to attract new owners.

Common Maintenance Questions in Condominium Associations and HOAs

Association members pay assessments that cover many shared expenses such as landscaping, amenities, and utilities. However, questions often arise when it comes to individual unit repairs and owner versus association responsibilities.

Typical questions include:

• Who is responsible for plumbing or leaks inside the walls?
• Is the association responsible for drywall, windows, or doors?
• Who pays for roof or foundation repairs?
• Is pest control or mold remediation covered by the association?
• What happens if water damage originates from another unit?
• Who removes snow or fallen trees?

The answer to each question depends on your association’s governing documents (ex. declaration, bylaws, or Covenants, Conditions, and Restrictions). Even with these documents, responsibilities can be confusing. For instance:

• in a condominium association, a pipe may be physically located inside one unit but serve multiple units, creating uncertainty over whether the unit owner or the association must repair it.
• In a townhome association, questions often arise regarding roof repairs, particularly when adjoining units share a common roof structure. While one owner may experience a leak, the roof itself may be classified as a common or limited common element maintained by the association. Determining responsibility requires reviewing how the governing documents define maintenance obligations for shared building components.
• In a homeowner’s association, responsibility for items such as fencing or exterior siding can be unclear, especially when a fence separates two lots or when exterior maintenance rules differ by neighborhood or building type.

In-Unit Responsibilities, Common Area, and Limited Common Elements

Generally, unit owners are responsible for maintaining and repairing elements within their individual units. This may include appliances, fixtures, drywall, and interior plumbing. However, when issues affect multiple units or originate in shared systems (ex. HVAC, structural walls, plumbing serving more than one unit), responsibility may shift to the association. This is

A common element typically refers to all portions of the property outside of individual units, such as hallways, landscaping, roofing, or structural components. Examples include:

• Walkways and stairways
• Lighting in common areas
• Garbage or recycling rooms
• Pools, landscaping, and parking lots

Common element maintenance questions often include:

• Who is responsible for foundation or structural issues?
• Who maintains sewer or storm drain systems?
• Who handles fallen trees or slope drainage?

A limited common element is a portion of the common elements reserved for the use of one or a few units. This may include balconies, patios, or assigned parking spaces. Determining maintenance responsibility for these areas can be complex and varies from one association to another. Typical questions include:

• Is the condo association responsible for balcony repairs?
• Who repairs sidewalks in front of HOA homes?
• Who maintains townhome outdoor patios?

When uncertainty arises, consulting your governing documents and your association’s legal counsel is the best way to define these association property elements determine who is responsible.

What Is a Maintenance Responsibility Chart?

A Maintenance Responsibility Chart is a customized tool created by the association’s attorney to clearly outline which maintenance tasks fall under the association’s responsibility and which belong to individual owners. This chart:

• Summarizes responsibilities based on the community’s governing documents
• Clarifies ambiguous areas (ex. shared plumbing, balconies, HVAC systems)
• Provides direct references to the exact sections of the association’s governing documents
• Helps prevent disputes, delays, and confusion when maintenance issues arise

Creating a chart typically involves:

• Reviewing governing documents (ex. declaration, bylaws, CC&Rs, articles, rules, and regulations)
• Mapping maintenance duties to the appropriate section of those governing documents

Being proactive in developing a Maintenance Responsibility Chart is critically important. It ensures clarity and preparedness before maintenance issues arise, saving the association time, money, and potential conflict. A Maintenance Responsibility Chart can also alleviate frustration and stress for volunteer board members who are often tasked with making difficult maintenance decisions.

Legal Resource

Clear maintenance responsibilities help community associations:

• Prevent costly disputes and repairs
• Prioritize maintenance tasks efficiently
• Plan for reserves and budgeting
• Reduce confusion for board members, managers, and residents

If your association could benefit from a Maintenance Responsibility Chart, do not hesitate to contact our law firm. KSN attorneys can help by reviewing your governing documents and preparing a detailed Maintenance Responsibility Chart tailored to your community association.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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