Q: Our HOA has not kept up with building maintenance. I along with other residents have reported issues to our board but our requests apparently go unheard. These are reported through a resident portal which allows for pictures to be uploaded so there is a record.
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Some are blatant safety issues while others are affecting the structures themselves, such as crumbling stucco, wood rot, clogged gutter drains, missing downspouts, water damaged gas and electric meter closets. The deferred maintenance is out of control. I would call it neglected maintenance.
Our board and management company are in a “reactive” maintenance mode rather than “proactive” mode. Any advice on how to approach these issues would be appreciated. — M.L., Rancho Bernardo
Q: How do homeowners keep HOA leadership accountable for basic maintenance duties instead of resorting to arguments and lawsuits? Our HOA has managed to fire three landscaping companies in three years, and it is nearly impossible to get a hedge trimmed, let alone get in on a schedule to be maintained. — M.A., Oceanside.
A: One of the most basic responsibilities of HOA boards is to maintain and repair common areas, per Civil Code Section 4775(a)(1). Most CC&Rs also allocate that responsibility to the board. Shared ownership of common property, whether plumbing, roofs, structure, or amenities, requires the association (through its board) to care for it. Without good care of the shared elements (the common area), one of the greatest benefits of HOA living disappears.
Boards often stall on major maintenance or repairs because of a desire to avoid increasing assessments. However, homes, including HOA homes, do not heal themselves – they need someone to keep them in good repair. That effort costs money. I am reminded of the old auto repair company slogan – “you can pay me now or pay me later” – but that certainly applies to the HOA property.
Boards that skimp on maintenance or repair expenses are almost certain to find that the cost only gets worse with time.
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Also, nothing in the Davis-Stirling Act says that the HOA’s obligation to repair the property depends upon whether the HOA can afford the expense, so the duty is unconditional. This means that boards should not avoid fulfilling their duty by invoking a lack of funds – their duty is to gather the funds to take proper care of the property.
One would think that homeowners would want a board that focuses on the overall picture and not just the current assessment amount.
M.L., HOA boards need to be proactive when they can, because it is not easy raising the funds to pay for significant maintenance or refurbishment costs. Funding HOAs may become harder – Senate Bill 1007, which originally proposed to prohibit boards from increasing assessments beyond the inflation rate, was just amended to make 8% the proposed cap – can anybody guarantee that HOA operational costs won’t increase more than 8% in a given year? Why can’t HOAs be treated just like individual homeowners- repairs and maintenance cost what they cost.
If boards refuse to properly fund the HOA, maybe it’s time for a new board.
M.A. and M.L, hopefully your boards will refocus from “can we afford it” to “can we afford NOT to do it.”
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Submit questions to [email protected].
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