Understanding an HOA’s Duty to Maintain Common Areas

Homeowners Associations (“HOAs”), acting through their board of directors, have a duty to maintain common areas. That duty is a fundamental responsibility that involves ensuring that common areas within a community are kept in good condition, safe, and in compliance with the association’s rules and local regulations.  Here are key aspects of this duty:

• Legal Obligation. The HOA is typically legally obligated to maintain and repair common areas. This duty is defined in the association’s governing documents and may also be mandated by state and local laws. Failure to fulfill this obligation can lead to legal consequences, including lawsuits from residents or fines from regulatory bodies.
• Preserving Property Values. Proper maintenance of common areas helps preserve and enhance property values within the community. Neglected or poorly maintained common areas can detract from the community’s appeal and negatively impact property values.
• Ensuring Safety. The HOA must ensure that common areas are safe for residents and visitors. This includes maintaining playgrounds, pools, walkways, parking lots, and other shared spaces to prevent accidents and injuries. Regular inspections and timely repairs are essential components of this responsibility.
• Aesthetic Upkeep. Beyond safety, the HOA is responsible for maintaining the aesthetic quality of the common areas. This includes: