Overview
Common area repairs are one of the most basic responsibilities an HOA has. When something breaks, deteriorates, or becomes unusable in the common areas, homeowners expect the HOA to fix it. When the HOA refuses to act, the problem does not just sit there. It gets worse, more expensive, and often begins to affect multiple units and owners.
This issue arises constantly. Homeowners report roof leaks, plumbing failures, broken equipment, structural damage, failing balconies, or deteriorating walkways, only to be met with delay, denial, or outright refusal. In many cases, the HOA acknowledges the problem but still chooses not to act. That refusal to act often allows the problem to worsen, causing damage that spreads beyond the common areas. In some cases, that failure can lead to serious safety issues.
The Davis-Stirling Act does not treat common area maintenance as optional. Unless otherwise stated in the CC&Rs (and very few sets contain such language), Civil Code 4775 requires HOAs to maintain, repair, and replace the common areas. When a condition in the common area requires repair, the HOA must investigate and take appropriate corrective action. Bad HOAs often try to justify refusing repairs by pointing to budget concerns or competing priorities, but those excuses don’t justify failing to perform one of the HOA’s core functions.
This Fact Sheet focuses on what happens when an HOA refuses to repair the common areas and what homeowners can do when the HOA fails to act. If your concern involves safety hazards that the HOA is ignoring, see the second Fact Sheet in this series, “What If Your California HOA Ignores Safety Issues or Dangerous Conditions?” And if your issue involves broader non-response to complaints or an HOA refusing to enforce its own rules, the first and fourth Fact Sheets in this series, “Can a California HOA Ignore Homeowner Complaints?” and “What If Your California HOA Refuses to Enforce Its Own Rules?,” address those scenarios in detail.
Key Points
Common area repairs are not optional. When a condition in the common areas requires repair, Civil Code 4775 requires HOA boards to investigate and take corrective action. Refusing to repair does not stop the problem. It allows the condition to worsen, spread, and create additional legal and financial exposure for the HOA and its members.
- Refusing to make repairs to the common areas violates one of an HOA’s most fundamental duties. Unless otherwise stated in the CC&Rs, Civil Code 4775 requires HOA boards to maintain, repair, and replace the common areas. That duty is triggered when the HOA has notice of a condition requiring repair. Once on notice, the HOA must investigate the issue, determine the scope of the problem, and take appropriate corrective action. Budget preferences, competing projects, or internal disagreements do not excuse a failure to make necessary repairs or replacements.
- Refusals to make repairs to the common areas often result in damage that spreads into members’ separate interests. Water intrusion from roofs, plumbing failures in shared systems, structural deterioration, and failing building components rarely remain confined to the common areas. When left unattended, these conditions will invariably extend into individual units, damaging interiors, personal property, and building systems. What begins as a common area repair issue frequently becomes a multi-unit problem involving multiple owners and significantly higher repair costs.
- Failure to repair can create safety risks even when the original issue presented no hazard. Deteriorating walkways, structural components, electrical systems, and building elements can become dangerous when left unaddressed. In certain situations, a bad HOA’s refusal to make necessary common area repairs might begin as a maintenance problem, but it might not stay that way for long. Indeed, such a failure often transforms into a safety issue. For example, a roof leak that initially causes minor water intrusion into a unit can, if left unrepaired, lead to mold growth, compromised drywall, and electrical hazards inside the walls, creating conditions that pose health risks to residents.
- Delaying repairs increases costs and shifts financial consequences onto the entire membership. Conditions that could have been corrected early often become more severe and more expensive over time. The resulting costs are typically borne by the HOA and its members through special assessments, increased insurance premiums, de-listing by Fannie Mae, or loss of available insurance coverage. In many cases, the cost of delay far exceeds the cost of timely repair (or, for that matter, regular maintenance).
- HOA directors must act when repair issues are brought to their attention. Corporations Code 7231 requires directors to act with the care an ordinarily prudent person would exercise in similar circumstances. That duty includes making reasonable inquiries, understanding the condition reported, and making informed decisions about necessary repairs. Directors who ignore or delay action in the face of a known repair issue fail to satisfy that duty and expose the HOA to liability.
- The Business Judgment Rule does not protect unreasonable refusals to repair. Under the Business Judgment Rule, courts will defer to decisions made by HOA boards when those decisions are informed and made in good faith. That protection depends on the HOA making a decision after reasonable inquiry and having a rational basis for that decision. A knowing refusal to make necessary repairs to the common area eliminates that deference and exposes the HOA and the individual directors to liability for resulting damage. [I cover the Business Judgment Rule in detail in an episode of my podcast titled “California HOAs: The Business Judgment Rule.” You can also read more about directors losing the benefits of the Business Judgment Rule in my Fact Sheet “When the Business Judgment Rule Does Not Protect an HOA Board.”]
- Homeowners should create a clear record showing that the HOA had notice of common area components in need of repairs. Homeowners should report repair issues in writing, identify the condition with specificity, and preserve all communications. Raising the issue at open board meetings and following up in writing establishes that the HOA was aware of the condition and failed to act. That record is critical in any dispute regarding responsibility for resulting damage.
- If your HOA refuses to repair the common areas, speak with the experienced California HOA attorneys at my law firm, MBK Chapman. A refusal to repair often reflects broader governance failures that require legal intervention. If your HOA is refusing to address common area conditions, call MBK Chapman. The HOA attorneys at MBK Chapman are respected throughout California as the premier homeowner-side HOA lawyers in the State.
Refusing to repair common area conditions does not limit the problem to the common areas. It expands the scope of damage, increases financial exposure, and affects every homeowner in the community.
FAQs
Can a California HOA refuse to repair the common areas?
No. Unless the CC&Rs state otherwise, Civil Code 4775 requires HOAs to maintain, repair, and replace the common areas. Once the HOA has notice of a condition requiring repair, it must investigate and take corrective action. A refusal to do so is not a discretionary choice. It is a failure to perform a required duty.
What counts as a “common area” repair in an HOA?
Common areas typically include roofs, exterior walls, structural components, shared plumbing, electrical systems, and other building elements owned or controlled by the HOA. The governing documents define the exact boundaries, but most major building systems fall within the HOA’s responsibility. Even where components serve individual units, the HOA may still be responsible if those components are part of the common area infrastructure.
What happens if the HOA delays repairs and the problem gets worse?
Delay changes the legal and financial consequences. As damage spreads, the HOA’s exposure increases. What may have started as a limited repair obligation can expand into liability for resulting damage to separate interests, including interiors and, in some cases, personal property. At the same time, directors who ignore or delay action in the face of a known repair issue risk losing the protections of the Business Judgment Rule, exposing both themselves and the HOA to claims based on unreasonable conduct. The longer the delay, the harder it becomes for the HOA to justify its inaction.
Can damage from common area problems affect my unit?
Yes, and it often does. Common area failures such as roof leaks, plumbing failures, or structural deterioration frequently extend into individual units. When that happens, the issue is no longer confined to the common areas. It becomes a broader damage scenario that can involve multiple units, competing claims, and significantly higher repair costs.
Can an HOA be required to pay for damage inside a unit caused by a common area problem?
Yes. When damage to a unit is caused by the HOA’s failure to maintain or repair the common areas, the HOA will be responsible for the resulting damage to the unit. That responsibility will extend beyond repairing the original common area issue and include damage to interiors even a member’s personal property when the HOA acts negligently (such as in failing to maintain, repair, or replace).
Does the Business Judgment Rule protect an HOA that refuses to make repairs?
Only if the decision not to act is informed, reasonable, and made in good faith after appropriate investigation. A board director that refuses to repair a known condition without a reasonable basis risks losing that protection. When that happens, courts are far less likely to defer to the board’s decision, and certain individual directors may be held responsible for the consequences of the HOA’s inaction.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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