What to Practice if Your HOA Common Areas are not Maintained

Under the law, an HOA board has a fiduciary duty to maintain mutual areas with the same care and diligence that they would utilize to their own individual property.

Overview

There is a reason homeowners move out of a neighborhood located on a public street. Perhaps their onetime neighbor does non have a taste for a well-kept yard, or peradventure he or she had terrible gustation in house colour.

Regardless, it may be frustrating to have no control over the deportment (or inactions) of neighbors contributing to the blight on one's old street. Worse, these irresponsible owners may have even brought down the value of all the other homes in the neighborhood.

Today's homeowner buys a property subject to the jurisdiction of a private HOA board to avert but these issues.

Dissimilar living on a public street where the properties accept no relationship to one some other (other than existence subject to city/land ordinances), living in an HOA neighborhood entails responsibilities for all members to the community. Additionally, and unique to HOAs, the elected board of directors owe a special responsibility to all the homeowners, called a fiduciary duty.

We accept previously written in-depth most the unlike elements of this fiduciary duty, and if unfamiliar, that commodity is certainly worth the fourth dimension. For this discussion, we need to know that considering of this fiduciary duty the lath owes to members, the lath has a legal obligation to maintain common areas with the same care and diligence that they would use to their ain private property.

Bottom line: it is not an pick for the HOA board to fail the maintenance of HOA common areas. However, just considering one may be right about the board's negligence, it is still imperative to pursue a resolution strategically if any promise of a swift resolution. We will quickly explicate how to best sequence enforcement actions.

Learn the HOA Rules

The HOA lath is likely responsible for maintaining common areas, merely we do non know for sure until we become a expect at the HOA governing documents.

Like any other non-profit corporation, the HOA board is only permitted to act when expressly granted the power by the community bylaws or CC&Rs (covenants, conditions & restrictions).

 Within all this legal language is prove one needs to bear witness that the HOA board is responsible for the unmaintained common expanse in question, whether it be a puddle, community park, lighting, or standard elevators (as examples).

Pursue a Resolution with the Lath

In one case nosotros have the relevant rules that show that the board is obligated to maintain the common area in question, it is best to begin to document the legal issue.

Write a professional person letter to the lath, referencing the relevant HOA bylaw or dominion, and request that they take firsthand activity to fix the outcome. Request a hearing with the lath or attend the side by side meeting and directly enquire the board to explain why the common area is not maintained every bit the community rules prescribe.

It is from this point that a strategic decision must be made; it will depend upon what the lath has to say in defence of the ongoing problem. Let united states of america outset assume the best-example scenario that the board is acting in good faith, and an result was unknown until discussed at the meeting.

For example, perhaps the common area hot tub is not functioning, and the delay in fixing the issue has to practise with the discovery of a much larger plumbing outcome that needs repairs beginning. These are neighbors—if at that place is an opportunity to resolve the trouble apace, it is worth trying.

In this example, perhaps a timetable and assurance that the hot tub is being fixed with all due expediency may be helpful. However, it is when lath members are acting in bad religion that nosotros need to act judiciously. Depending upon the specifics, 1 may need to pursue an exterior lawsuit to resolve the merits—only nosotros volition go to that in a moment.

First, perhaps the issue is not a governance outcome, but merely a problem with one managing director. Peradventure there is a super-foursquare swain on the board that connects hot tubs to the precipitous fall of American civilisation. The hot tub breaking down is the best thing that could have happened to this director, and in plow, he is slow-walking the repairs.

We may non demand to file a lawsuit yet. Remember, the goal is not to accept vengeance for the common area neglect, only to go the association to fulfill its obligations equally soon as possible.

Lawsuits are costly and time-consuming—they are always all-time to avoid when possible. Similar in this example, a resolution could come quickly through pushing for the removal of a board member, this should be attempted first.

While researching the relevant rules during stride 1, one may want to learn the impeachment procedures as well. Hopefully, there is an election in the brusk-term; that is the simplest means of removal.

File a Lawsuit

Now, if the issue with the common areas relates to financial mismanagement of the HOA budget, the problem is more than astringent and complicated.

Are they leaving the common surface area unmaintained because the board has run out of money to fix it? Or, perchance there has been negligent direction of the reserve fund, and the board does not want to upshot a special assessment.

Regardless, these are big problems, and if either is occurring, the board members would be in violation of their fiduciary duties to their other members. If one sees financial mismanagement with the HOA finances, it is probable time to retain legal counsel, and time is of the essence.

Somewhen, the malfeasance of the HOA board will be addressed by the courts, just the community members will still be responsible for repairing the unmaintained common expanse.

Allowing the trouble to fester will make the repairs more expensive for each homeowner, equally volition be reflected in the special assessment assigned to all member homeowners.

Although unpleasant, sometimes an HOA dispute is also severe or complex, we need to go lawyers involved. Hopefully, nosotros were able to aid members discern when that is the case. Thank you for reading.

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