Who fixes it? HOA vs. owner maintenance responsibility for leaks, roofs, decks and more

Few HOA disputes are as common, or as stressful, as arguments over who has to fix something. A pipe bursts inside a wall, a balcony starts to rot, a roof leaks into the top-floor unit and then into the one below. The owner says it's the association's job, the association says it's the owner's, and meanwhile the damage gets worse. This guide shows how to work out who is responsible, and how to protect yourself while it gets sorted out.

Start with the declaration

The declaration (CC&Rs) is the main source of maintenance rules. Look for sections titled "maintenance," "repairs," "common area," "units," "lots," or "exclusive use common area." Key questions:

• What is a "unit" or "lot," and what is "common area"? In a condominium, the unit is often defined as the airspace inside the walls, and sometimes includes interior drywall or fixtures. In a planned development, the lot usually includes the house and yard.
• Who maintains, and who repairs or replaces? Some documents split these. For example, the owner may clean a balcony while the association repairs its structure.
• Are there exclusive use common areas? These are areas such as balconies, patios, parking spaces, and storage lockers that serve one unit but are technically common area.
• What about utility lines? Pipes and wires that serve one unit may be the owner's responsibility even if they run through common walls.

California's default rules

California provides useful defaults that apply unless the declaration says otherwise (Civil Code 4775):

• The association is responsible for repairing, replacing, and maintaining the common area.
• The owner is responsible for repairing, replacing, and maintaining their separate interest: the unit or lot.
• For exclusive use common area, the owner maintains it, while the association repairs and replaces it.
• When gas, heat, water, or electrical service is interrupted by a failure that begins in the common area, the association is responsible for the repairs needed to restore service, even if the problem extends into a unit, unless the declaration provides otherwise or a utility company is responsible. The board must start the repair process within 14 days of the interruption.

California has a separate default for wood-destroying pests (Civil Code 4780). In condominiums, the association is generally responsible for pest-related repair of the common area. In planned developments, each owner is generally responsible for their own separate interest, unless the declaration says otherwise.

Other states have their own statutes, and many leave the question almost entirely to the documents. Check both.

Build a responsibility table

Make a chart for your home listing roof, exterior walls, windows, doors, balcony or deck, fence, driveway, plumbing (inside the unit, in common walls, and main lines), electrical, HVAC, water heater, and landscaping. For each item, note who maintains, who repairs or replaces, and who insures, citing the section of the declaration. When something goes wrong, you'll know where to start.

Leaks between units

Water moving from one unit to another is the classic dispute. Typical patterns:

• The leak starts in a common element, such as a roof or a main line. The association is usually responsible for fixing the source. Whether it pays for damage inside the unit depends on the declaration and insurance.
• The leak starts in a unit's fixture, such as a washing machine hose, toilet supply line, or water heater. The owner of that unit is often responsible for the source, and may be responsible for damage to other units, especially if negligence was involved.
• The source is unclear. Ask for a plumber's or leak-detection report, and get a copy.

Insurance usually drives the outcome. The association's master policy, your own HO-6 or homeowners policy, and the neighbor's policy may all be involved. Many declarations say the master policy deductible can be charged to the owner of the unit where the damage started. California's annual budget report must include a summary of the association's property and liability policies, including deductibles (Civil Code 5300). Read it, and make sure your own policy covers the deductible amount.

Reporting a problem the right way

1. Stop further damage where you safely can: shut off water and move belongings.
2. Notify the association in writing right away. Describe the problem, attach photos, and ask for a response by a specific date. For urgent problems, call too, then follow up in writing.
3. Notify your insurer. Late notice can jeopardize coverage.
4. Keep records: photos, videos, receipts, and names of everyone you speak with.
5. Don't make permanent repairs to common elements yourself without approval, unless it's a genuine emergency. You may not be reimbursed, and you could be fined.

If the association won't act

• Send a follow-up letter that cites the section of the declaration (and, in California, Civil Code 4775) showing the association's responsibility.
• Ask for the item to go on the next board agenda.
• Request internal dispute resolution or mediation.
• Keep documenting the damage as it develops.
• For serious or ongoing damage, consult an attorney. Some disputes involve significant sums and short deadlines.

A quick example

Suppose a California condominium's declaration says nothing special about balconies, and the balcony is exclusive use common area serving one unit. Under the default in Civil Code 4775, the owner handles routine maintenance, such as keeping it clean and clearing the drain. The association repairs or replaces structural parts when they wear out. If the declaration instead says owners must "maintain, repair and replace" their balconies, the declaration controls. That's why the first step is always to read your own documents.

Preventing problems

Owners can reduce the risk of water damage by replacing washing machine hoses and toilet supply lines periodically, knowing where their shutoff valves are, and installing leak detectors under sinks and water heaters. Associations can reduce disputes by publishing a clear maintenance chart, inspecting roofs and balconies on a schedule, and explaining insurance deductibles to owners every year.