OVERVIEW
You pay your dues every month. You follow the rules. And yet, when something breaks—when the slope behind your home starts to shift, when common-area plumbing bursts behind your wall, or when your exclusive use common area patio starts cracking from years of water intrusion—your HOA does nothing. They delay. They deny. They blame you. And all while the damage gets worse.
In California, one of most fundamental legal obligations that an HOA has is to maintain, repair, and replace common areas. That applies whether you live in a condominium, single-family home, or any other type of home governed by CC&Rs.
This article is your blueprint for dealing with that kind of HOA neglect. It’s based on real-world cases we’ve handled at MBK Chapman and the real homeowners we’ve helped—people who were ignored until they decided to fight back.
It also draws from a recent episode of the HOA HELL podcast—“Common Area Nightmares: What to Do When Your HOA Won’t Repair, Replace, or Maintain”—where we break down the legal framework that governs these disputes and the steps homeowners can take to get results.
THE CORE DUTY: WHAT YOUR HOA IS SUPPOSED TO MAINTAIN
Under California law, HOAs are generally responsible for maintaining and repairing common areas—unless your governing documents say otherwise. That responsibility can include things like private streets, exterior fencing, retaining walls, shared plumbing systems, and landscaping in greenbelts.
In some communities, it also extends to elements like roofs, balconies, patios, and exterior walls—but only if those elements are classified as common area or exclusive use common area in your CC&Rs. In single-family home communities, many of these components are owned and maintained by the homeowner, not the HOA.
That’s why the first step in any dispute is understanding your property’s classification. What looks like a shared element might not be—and what looks like “your” wall might actually be the HOA’s responsibility, especially in condominium or townhome-style developments with party walls or shared foundations.
The law provides a general framework, but your CC&Rs, subdivision maps, and recorded easements fill in the blanks. The mistake we see most often? Boards making sweeping assumptions—or worse, playing dumb about what’s actually their responsibility.
THE SILENCE STRATEGY: WHY HOAS DELAY, DENY, AND DEFECT
When an HOA doesn’t want to pay for repairs—or doesn’t want to admit fault—they almost always rely on one of three tactics:
- They stall. You’ll hear that the issue needs to be “discussed at the next meeting,” or that they “haven’t heard back from the vendor,” or that the “committee is still reviewing the report.”
- They blame the homeowner. Even when the problem clearly stems from a common area element, boards will claim the homeowner’s water usage, fixtures, or “lack of maintenance” on parts in the homeowner’s sphere of responsibility caused the damage.
- They issue citations. If you try to fix the problem yourself, the HOA might hit you with a violation notice for “unauthorized work”—even though they’ve refused to do it themselves.
It’s a power game. And it’s designed to wear you down and make you give up.
WHY THESE CASES MATTER (DAMAGE ESCLATES FAST)
Most people think of common area disputes as annoying but manageable. But these aren’t minor delays. They’re property-damaging, investment-eroding disasters waiting to happen.
We’ve seen ceilings collapse because of roof leaks the HOA refused to fix. We’ve seen entire yards destabilize because slope irrigation systems were shut off to save money. We’ve seen homeowners displaced from their homes for months due to flooding from rotted plumbing buried inside shared walls.
When HOAs ignore these issues, the costs multiply fast, causing mold infestations, foundation cracking, structural instability, loss of insurance coverage, and systemic property devaluation.
And here’s the part most homeowners don’t realize until it’s too late: once damage begins, it almost always accelerates. Moisture spreads. Wood rots. Foundations shift. One ignored repair can lead to a dozen more—and the longer the HOA stalls, the more likely it is that you’ll be stuck with the bill through a massive special assessment and/or dramatically increased HOA dues.
BREACH OF CONTRACT? NEGLIGENCE? IT’S BOTH (ALMOST ALWAYS)
When your HOA refuses to repair something they’re supposed to maintain, they’re probably doing more than just breaking a promise. They may be exposing themselves to multiple types of legal liability.
That includes:
- Breach of the CC&Rs. These documents are legally binding. They’re not suggestions. Failing to follow them—especially when it results in property damage—opens the door to legal enforcement. Under California law, CC&Rs are governed under contract theory, so the claim will read as a breach of contract claim.
- Negligence. Even when the CC&Rs aren’t crystal clear, your HOA still has a duty to act reasonably. Ignoring known safety issues or failing to inspect common areas over time can amount to negligence under California law.
- Breach of fiduciary duty. Boards are supposed to act in the best interest of the members. When they knowingly ignore their obligations, or act to save the HOA money at the expense of homeowners, that’s a betrayal of that trust.
Understanding the differences between these claims—and how they overlap—is critical. In many cases, the strongest legal strategy is to pursue multiple claims at once. That gives you more leverage, more remedies, and a better shot at recovering your full damages.
THE PIPES & PLUMBING PROBLEM
Some of the worst common area disputes MBK CHAPMAN handles involve plumbing—specifically, shared piping systems in condos, townhomes, and other multi-family developments.
Here’s what often happens:
- A pipe bursts in the wall between two units.
- The HOA claims it’s “not their responsibility” because the damage occurred inside your home.
- You pay for repairs yourself.
- Then the HOA fines you for “unauthorized work” on a common area.
Sound ridiculous? It is. But, unfortunately, it’s all too common.
The real rule is this: if the pipe services more than one unit, runs through a shared wall, or is buried in a common structural element, it’s almost always the HOA’s responsibility. And if they refuse to repair it—or delay until the problem gets worse—they can be held liable for the resulting property damage, emergency costs, attorneys’ fees and costs, and in some cases, statutory penalties. [Keep in mind that if repairs to common area plumbing requires you to temporarily vacate your home (say, for asbestos abatement or a serious water leak), the Davis-Stirling Act almost always puts the responsibility of paying for that relocation on the homeowner and not the HOA. That’s why it’s critical to resolve these types of issues early, before they escalate into something that might result in your temporary displacement.]
So if you’re getting excuses instead of action, stop and ask yourself: is this actually your responsibility—or are they trying to make it your problem because they don’t want to deal with it?
SELF-HELP: PROCEED, BUT ONLY WITH CAUTION
Here’s one of the biggest questions we get: Can I just fix it myself and bill the HOA?
Answer: Maybe. But you’d better do it right.
Some CC&Rs allow “self-help” if the HOA fails to act within a set number of days after written notice. But many don’t. And if you jump the gun, you may be accused of interfering with common areas—or even violating architectural guidelines.
Here’s how you do it right:
- Give written notice of the damage and request immediate repair.
- Document the damage with photos, video, and written descriptions.
- Get a contractor’s estimate so you can prove what the work will cost.
- Set a firm deadline for the HOA to respond or take action.
- Follow up in writing before proceeding.
And even then, proceed with care. If the board is hostile or looking for a fight, they’ll use your actions against you. Make sure you’ve built a clean, well-documented record showing that you gave them every chance to do the job themselves—and that your actions were reasonable and necessary under the circumstances.
RESERVES AND FINANCIAL MISMANAGEMENT
One of the hidden drivers behind HOA inaction is poor budgeting.
HOAs are supposed to prepare a reserve study every three years and adjust their reserve contributions each year to meet expected repairs that will come to pass in the future. That’s not just best practice—it’s required. But boards routinely ignore it, and they do that because it’s easy to ignore things that haven’t happened yet. “There’s always next year” is something bad HOAs like to say a lot.
So, to save short-term money, these bad HOAs skip inspections. They fail to budget for long-term repairs. They dip into reserves to cover short-term operating costs. And when the time comes to repair that roof, repave that street, or fix that pipe—they claim there’s “no money.” And what do you think that leads to? If you’re thinking special assessments, then you’re correct.
But it shouldn’t be your problem. It’s supposed to be their problem. And under the law, HOAs can’t use poor planning as an excuse to deny repairs or justify special assessments. If your HOA keeps punting on maintenance issues year after year, there’s a good chance the real issue isn’t just apathy—it’s money mismanagement. And that’s not just a governance failure. It’s a legal liability.
SLOPE FAILURE CASE STUDY
One client came to us after noticing a crack in the slope behind her home—a slope the HOA was supposed to maintain.
She reported it. No response.
She sent photos. Still nothing.
She paid for an engineer to inspect it. The HOA didn’t even acknowledge receipt.
Eventually, her patio cracked, and the crack was heading towards her pool. That’s when she called us.
We sent a formal ADR demand letter. No response.
So we sued.
The HOA tried to claim the slope wasn’t their responsibility. But the governing documents said otherwise.
We recovered every dollar our client spent. Forced a real repair. And made them adopt a proper maintenance plan. Total settlement? Over $300,000.
This is what happens when HOAs ignore serious issues—and when homeowners are willing to stand their ground and take legal action.
WHAT DO YOU DO WHEN YOUR HOA IGNORES YOU?
Here’s your action plan:
- Document everything. Write it down. Take photos. Save emails. You’re building a timeline.
- Review your CC&Rs and other governing documents. Figure out who’s responsible for what. If you’re unsure, get help.
- Submit a formal request. Use certified mail or email so that they cannot claim non-receipt.
- Set reasonable and realistic deadlines. Give the HOA a fixed number of days to act.
- Don’t take the bait. If they cite you for unauthorized work, respond in writing. Don’t let them control the narrative.
- Hire us at MBK CHAPMAN if needed. We will shift the power dynamic.
- Be strategic. Don’t vent. Don’t threaten. Build a clean record that shows you tried to resolve it first. Treat every written communication as if it will be read by a judge or jury. Let the HOA look emotional and unprofessional. You stay even-keeled, non-emotional, and completely professional at all times.
Taking these steps helps you protect your property, preserve your credibility, and position yourself for a successful legal outcome—whether that means a repair, a settlement, or a full-blown lawsuit.
CONCLUDING THOUGHT
Deferred maintenance is never just about money. It’s about accountability. It’s about whether your HOA believes it has to answer to the people who pay the dues. If your board won’t maintain, won’t inspect, and won’t repair—then it’s time to push back. You have tools. You have rights. And you don’t have to live with “no” as the final answer.
To hear the full episode that inspired this article, listen to “Common Area Nightmares: What to Do When Your HOA Won’t Repair, Replace, or Maintain”—now on YouTube @HOAHELLPodcastOfficial, Apple Podcasts, Spotify, or wherever you get your podcasts.