Is Your Association Meeting Its Responsibilities Re Maintenance of the Common Area?

As the governing body for a common interest development, the homeowners association is vested with the responsibility for maintenance of the association’s common area. This responsibility is specifically described in the association’s governing documents (i.e. declaration and/or CC&Rs) which contain provisions that grant the authority to, and impose the duty and responsibility on, the association’s governing body to maintain and repair the common area and its facilities. Unless otherwise provided in the association’s governing documents, the governing body is not obligated to maintain those areas that are designated “exclusive-use” common area.