Understanding Who is Responsible for Maintaining, Repairing, and Replacing Exclusive Use Common Area Components

A common dispute between homeowners’ associations (“Association”) and the owners of the individual condominium units or homes within the Association (“Owners”) involves a determination of who is responsible for the maintenance, repair, and replacements of common area components that are deemed “exclusive use common area” (sometimes referred to as “restricted common area”).

State statutes and Association governing documents typically define “exclusive use common area” as meaning portions of the common area which are located outside of the Owner’s separate interest, and which are for the exclusive use of that owner (i.e. shutters, awnings, window boxes, exterior doors, door frames and hardware, screens, windows, balconies, patios, storage areas, parking spaces, plumbing and electrical components). The exclusive use common areas of a particular Association are generally identified in state statutes and in the Association’s governing documents such as the Declaration (CC&Rs) and/or a Condominium Plan. They are frequently unclear as to whether the Association, or the Owners, are responsible for the maintenance, repair, and replacements of the identified exclusive use common area components.

Maintenance responsibilities for exclusive use common areas are often assigned to Owners but may vary from Association to Association depending on their governing documents. Governing documents frequently make Owners responsible for “maintenance” of exclusive use common areas but fail to address who is responsible for “repairs and replacements.” That issue may be resolved by reference to: