HOA Directors Have A Duty To Periodically Inspect Common Area Components

Unless the governing documents of a common interest development provide otherwise, homeowners associations, acting through their board of directors, are responsible for the maintenance, repair, and replacement of the common areas. Association directors may consider input from members relative to common area maintenance issues, but the ultimate responsibility for maintenance decisions lies with the directors. These maintenance responsibilities impose the following duties on association directors relative to maintenance of the common areas:

• Duty to inspect common areas.
• Duty to investigate complaints.
• Duty to repair.
• Duty to Assess.

A failure to perform these duties could result in liability on the part of the association for personal injury or property damage that results from the failure of a common area component. Such liability frequently occurs in associations that do not properly inspect and perform preventative maintenance on roofs and plumbing components.

To assist association directors with the performance of the maintenance duties, associations should prepare a maintenance manual. A maintenance manual is a tool that facilitates preventative maintenance by identifying and photographing each common area component and providing information about the frequency of inspecting each component, what to look for in an inspection, and what work should be performed to extend the life of the component. There are many: