Properly Maintaining HOA Common Area Property Requires “Preventative Maintenance”

HOA governing documents and state laws typically provide that an association has a duty to maintain the common areas unless the declaration states otherwise. That duty has been amplified by additional civil tort laws and court case decisions that impose a duty on an association’s board of directors to maintain the common areas in a reasonable manner in order to prevent injury to third persons.

To fulfill its responsibilities regarding maintenance of common areas, an association’s board of directors should have policies in place that include: (i) requiring periodic routine maintenance checks of the premises; (ii) mandating responding in a reasonable time and manner to complaints about […]