Dealing with Failure to Repair

Navigating HOA Maintenance Disputes: Legal Insights and Practical Solutions

At LS Carlson Law, we understand the critical role that a well-maintained community plays in supporting property values and the well-being of homeowners. When a Homeowners' Association (HOA) does not address maintenance of common areas as required by the governing documents and applicable California law, it can lead to disputes and challenges that disrupt the community. This article provides general information about common maintenance-related issues in California HOAs and practical, non-exhaustive options that may be considered.

The Essential Role of HOA Maintenance

Proper maintenance of common areas by the HOA is often important for overall aesthetics, functionality, and property values within the community. When maintenance lapses occur, homeowners may face various challenges, ranging from aesthetic degradation to potential safety hazards.

Identifying Failure to Maintain Issues

HOA failures to maintain can manifest in numerous ways, including:

· Neglected Landscaping: Overgrown plants, dead foliage, or untrimmed trees can make the community look unkempt and may pose safety risks.
· Delayed or Insufficient Repairs: Community structures such as walkways, fences, or amenities that are not repaired in a timely manner can become hazards.
· Inadequate Infrastructure Upkeep: Essential systems like lighting, drainage, or private roadways are often maintained to help prevent larger issues.
· Unaddressed Safety Hazards: Damaged pathways or poorly maintained recreational areas can pose significant risks to residents.

Legal Implications and Homeowner Rights

In California common interest developments, maintenance responsibilities are typically defined by the Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules, and may also be affected by the Davis-Stirling Common Interest Development Act (Civil Code § 4000 et seq.). Whether the HOA (or an individual owner) is responsible for a particular component often depends on how that component is classified (for example, common area, exclusive use common area, or separate interest) and what the governing documents allocate.

Your Advocate in HOA Failure to Maintain Disputes

LS Carlson Law represents clients in HOA-related disputes, including disputes that may involve alleged failures to maintain or repair common area components. With over 15 years of experience, our attorneys focus on helping clients understand the governing documents and applicable California law and on pursuing appropriate dispute-resolution processes when disagreements arise.

Strategies for Resolution

Common approaches that may be used to address HOA failure to maintain issues include:

· Negotiation: Communicating with the HOA to seek a mutually agreeable solution.
· Mediation: Using a neutral third party to facilitate a resolution.
· Legal Action: Pursuing court involvement when appropriate and consistent with applicable pre-filing requirements.

Practical Steps for Homeowners Facing Maintenance Issues

In a recent episode of the Bad HOA Podcast, Luke Carlson, Esq., along with guests Jenny Carlson and Marty Vasquez, discussed HOA maintenance disputes. Below are expanded practical steps homeowners often consider when dealing with similar issues, incorporating insights from the podcast transcript:

1. Document Everything

Keeping detailed records is often helpful. Document maintenance issues, take photos or videos of the problems, and keep copies of communications with the HOA. This can include emails, letters, and notes from phone conversations.

2. Notify the HOA in Writing

Many homeowners choose to communicate maintenance concerns in writing. Outline the issue clearly and provide any supporting documentation, such as photos or professional reports. Some homeowners use email and/or certified mail to help create a record of transmission and receipt.

3. Engage in Informal Dispute Resolution (IDR)

If the HOA does not respond to written requests, homeowners in California may consider the informal dispute resolution (IDR) process (Civil Code § 5900 et seq.). IDR is a structured but less formal process intended to help parties discuss issues and potentially reach an agreement.

4. Seek Professional Opinions

Some homeowners retain qualified professionals to assess an issue. For example, with water intrusion, a homeowner might retain a licensed contractor, plumber, or other appropriate professional to provide a report regarding potential causes and recommended repairs. Professional evaluations can be useful when communicating with the HOA.

5. Leverage Community Support

If multiple homeowners are impacted by similar conditions, some communities address concerns more effectively through coordinated communication. Any such efforts should follow applicable meeting rules and the HOA’s governing documents.

6. Utilize Mediation Services

Mediation involves a neutral third party who helps facilitate a resolution between homeowners and the HOA. In some circumstances, California law may require alternative dispute resolution (ADR) efforts before certain types of litigation may proceed (Civil Code § 5925 et seq.).

7. File a Formal Complaint

If informal methods do not resolve the issue, a homeowner may submit a written complaint through any internal process described in the CC&Rs or other governing documents. This may include requesting that the issue be placed on an agenda or otherwise presented to the board consistent with the HOA’s procedures.

8. Consider Temporary Mitigation Measures

In urgent situations where immediate action is needed to limit further damage (for example, active leaking), homeowners sometimes take temporary mitigation steps. Because responsibility, reimbursement, insurance coverage, and access/authorization can be fact-specific, it is often important to document what was done, why it was necessary, and the associated costs.

9. Prepare for Potential Dispute Resolution or Legal Action

If the dispute persists, some homeowners consult an attorney to better understand dispute-resolution options and any procedural requirements that may apply. Depending on the facts, options may include mediation, arbitration (if applicable), or litigation.

Real-Life Scenarios and Practical Steps

In the podcast, Luke Carlson, Esq. and his guests explored scenarios such as a central line leak and steps homeowners might take to address similar issues. Here’s an expanded look at commonly discussed considerations:

· Immediate Action: For urgent issues like an active water leak, taking steps to mitigate damage may be important. Document conditions and notify the HOA as soon as practicable.
· Professional Reports: Obtaining reports from qualified professionals may help clarify the source, scope, and recommended repair approach.
· Persistent Follow-Up: Regular written follow-up can help create a record of communications.
· Escalation: If the HOA does not act, homeowners may use internal complaint processes described in the governing documents and consider IDR/ADR procedures that may apply.

Working With Legal Counsel

Some HOA maintenance disputes involve overlapping issues (governing document interpretation, repair standards, access, insurance, and allocation of responsibility). When a dispute escalates, homeowners and associations may choose to consult legal counsel to understand the applicable documents, evaluate potential claims and defenses, and navigate California’s dispute-resolution procedures.

By following practical documentation and communication steps and reviewing the governing documents, homeowners can be better prepared to address maintenance-related concerns.

Bad HOA Podcast Episode Transcript on Failure to Repair

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Hi, I'm Luke Carlson of LS Carlson Law, and welcome back to the show. Today we're diving into the topic of failure to repair. This is a common dispute we see in our practice. I think it's worth discussing with our viewers and our panel. Jenny, welcome back to the show.

Bad HOA Podcast Producer, Marty Vasquez

Thank you for having me.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Marty, welcome back as well.

Bad HOA Podcast Producer, Marty Vasquez

Thanks. How would you like to start this discussion on the topic of failure to repair?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

I think it's best to define what failure to repair is from a legal perspective.

Bad HOA Podcast Producer, Marty Vasquez

Yes, let's start there.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Failure to repair often involves a common area issue. It can mean the association has not repaired or maintained something that the governing documents assign to the association, such as a pool, green belt, or playground. Common issues we see involve roofs, plumbing, or drainage components that may be maintained by the association.

Bad HOA Podcast Contributor, Jenny Carlson

Oh, for condos?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Correct. And also in green belts or slopes. For example, if a slope is deteriorating and a home is above it, it can potentially create property damage concerns.

Bad HOA Podcast Producer, Marty Vasquez

It could also involve drainage issues, correct?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Yes, water intrusion tied to maintenance of common area elements is a frequent issue.

Bad HOA Podcast Producer, Marty Vasquez

Let's discuss some specific examples. What about landscaping? In areas prone to fires, could a hillside full of dry brush be a fire hazard the HOA is responsible for?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Depending on the governing documents and the facts (including notice and what actions were reasonable), it could potentially raise negligence or other liability issues. Sometimes fire departments will inspect and make recommendations, and if an HOA does not follow applicable requirements, there can be enforcement consequences.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Water lines and sewage systems are also potential issues. If a common area drain isn't maintained and causes water intrusion, that may be characterized as a failure to repair and maintain depending on responsibility allocations. Associations often use maintenance schedules and bring in qualified professionals when needed.

Bad HOA Podcast Contributor, Jenny Carlson

An example from my neighborhood involved a fireman inspecting yearly and giving recommendations.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Proactive steps and reliance on qualified professionals can be helpful. Homeowners can also notify the board if they see issues.

Bad HOA Podcast Producer, Marty Vasquez

What about a security gate left in disrepair for two years, leading to a string of robberies?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Security gates are interesting. Some CC&Rs describe gates or similar features as amenities or aesthetic elements, and responsibilities can vary by community.

Bad HOA Podcast Contributor, Jenny Carlson

What about communities with unmanned gates that have maintenance issues?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

If a gate affects ingress and egress, it may warrant prompt attention.

Bad HOA Podcast Contributor, Jenny Carlson

We also have utilities and services.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Yes, poorly maintained water lines and sewage systems can create significant exposure depending on the circumstances. Homeowners often document issues and notify the board in writing.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Delays in responding to repair requests, or using unqualified individuals for inspections, may increase risk for the association.

Bad HOA Podcast Contributor, Jenny Carlson

We discussed this in previous episodes regarding hiring qualified professionals.

Bad HOA Podcast Producer, Marty Vasquez

Yes, getting multiple bids and choosing the best one.

Bad HOA Podcast Contributor, Jenny Carlson

Bidding out work is important.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Absolutely. It's often important to hire appropriate professionals for the job.

Bad HOA Podcast Producer, Marty Vasquez

Do CC&Rs often define inspection schedules?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Sometimes they do, and boards may generate maintenance schedules based on those requirements.

Bad HOA Podcast Producer, Marty Vasquez

And if they've budgeted for repairs, it should help prevent disputes.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Adequate budgeting and reserve planning can help reduce the risk of deferred maintenance.

Bad HOA Podcast Producer, Marty Vasquez

What legal responsibility does the HOA have to maintain common areas?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

It depends on the governing documents and, in some cases, the Davis-Stirling Act, but many HOAs have obligations to maintain and repair common areas.

Bad HOA Podcast Producer, Marty Vasquez

Is it well-defined?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Often the documents define responsibility, but disputes can arise—especially with components that are not clearly categorized or that serve both common and separate interests.

Bad HOA Podcast Producer, Marty Vasquez

For homeowners dealing with failure to repair, what's the best approach?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Many homeowners start by notifying the board in writing. If the issue is severe, such as water intrusion, some people consider getting professional input and/or legal guidance earlier in the process.

Bad HOA Podcast Producer, Marty Vasquez

What if it's a quality of life issue, like a broken hot tub?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Document the issue and notify the board to build a record. Depending on the facts and the governing documents, disputes like that can sometimes be framed as contractual or statutory compliance issues.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

For severe issues like flooding, mitigation to limit damage can be important, along with prompt notice to the HOA.

Bad HOA Podcast Producer, Marty Vasquez

Do homeowners often have to deal with disputes over whether the HOA or homeowner's insurance should cover damages?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Yes, coverage questions can come up. Depending on causation, policy language, and responsibility allocations, different insurers may dispute coverage.

Bad HOA Podcast Producer, Marty Vasquez

Does the HOA have insurance for these situations?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Associations commonly carry multiple types of coverage (for example, property coverage, general liability, and directors and officers (D&O) coverage), but the specifics vary by policy and community.

Bad HOA Podcast Producer, Marty Vasquez

So, document everything and put everything in writing. If the board doesn't act, consider bringing in a lawyer.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

If issues can be resolved without counsel, that can be efficient. For settlement terms or releases, many people prefer to have the documents reviewed by an attorney before signing.

Bad HOA Podcast Producer, Marty Vasquez

For quality of life issues, is the approach different?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

It depends on the impact and what the governing documents require. For less severe issues, documentation and written notice are still common starting points.

Bad HOA Podcast Producer, Marty Vasquez

What about examples like a hot tub or pickleball court that's been out of service for months?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Document complaints and notify the board. If an amenity remains out of service for an extended period, some homeowners may raise contractual or statutory concerns depending on the circumstances.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Some people participate in mediation without counsel, and others prefer to have counsel involved.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Other quality of life issues might involve nuisances, like noise from a pickleball court, which can affect homeowners’ enjoyment of their property.

Bad HOA Podcast Contributor, Jenny Carlson

Do HOAs respond less promptly to quality of life issues compared to property damage?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Well-run associations try to address both.

Bad HOA Podcast Producer, Marty Vasquez

Let's go over a Reddit post related to these issues.

Bad HOA Podcast Contributor, Jenny Carlson

A neighbor and I experienced a central line leak back in August. The plumber I hired determined it fell under HOA's responsibility. They fixed the leak, but it took two months for restoration to start. They gutted my floors, kitchen, and bathroom. The restoration team subcontracted a different company for repairs, but the HOA hasn’t approved it because they don’t recognize the new company. What can I do?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

It sounds like the central line leak may involve a component the association maintains, but responsibility can depend on the governing documents and the facts.

Bad HOA Podcast Producer, Marty Vasquez

If a homeowner doesn’t know it's an HOA issue, what should they do?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

When responsibility isn’t clear, it can become more complicated. As a general matter, providing prompt notice to the HOA once you suspect a common area component may be involved can help the HOA investigate and respond.

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

In emergencies, a homeowner might take steps to prevent further damage, but there can be practical and financial risks depending on approvals, access, and insurance.

Bad HOA Podcast Contributor, Jenny Carlson

What's the next episode about?

HOA Attorney and Bad HOA Podcast Host, Luke Carlson, Esq.

Selective enforcement. It's about targeting specific homeowners for enforcement of rules and fines. We'll discuss the legal implications of that.