What is the HOA Responsible for Maintaining? The short answer is: “It depends.”
HOAs have different maintenance obligations depending on the types of development they manage. But typically, HOAs have a duty to maintain the “common area.”
To make matters more complicated, the rights and obligations of homeowners and their HOA’s depend on a set of Governing Documents, called the CC&Rs. These documents establish who is responsible for maintaining what. And for establishing who is liable for what.
So, the first step in evaluating whether your HOA is responsible is thoroughly reading your CC&Rs. That’s never easy. CC&Rs are typically long, archaic, dense legal documents. They can have confusing provisions. They can have inconsistent provisions. They can have illegal provisions.
The experienced homeowners’ attorneys at Lubin Pham + Caplin LLP can help you identify whether your HOA is responsible for your water damage.
But then what?