CALIFORNIA HOA DUTIES TO MAINTAIN COMMON AREAS

OVERVIEW

California law requires HOAs to maintain, repair, and replace all common areas—e.g., shared roofs, stairways, elevators, walkways, slopes, landscaping, roads, sidewalks, greenbelts, drainage systems, homeowner amenities, etc.. But many boards are delaying or outright ignoring that duty, even when conditions become unsafe. The consequences for such failures are significant, and include damage to property, personal injury, skyrocketing insurance premiums, and legal exposure for the board and the entire community.

Some boards try to justify their inaction by claiming they don’t have the money. Others hide behind vague notions of wanting to keep assessments low, while others intentionally downplay the seriousness of problems flagged by engineers or contractors. None of that changes the law. Civil Code section 4775 imposes a legal obligation—not a suggestion—on HOAs to maintain, repair, and replace the common area elements, and when HOAs fail to meet it, homeowners pay the price.

This article explains what California law actually requires, how to recognize the warning signs in your own community, and what legal tools homeowners can use to force action before severe consequences occur.

This article is based on a full-length episode of my HOA HELL podcast, titled “Is Your HOA Ignoring Unsafe Common Areas? What the Law Requires in California,” which you can watch here.

WHAT COUNTS AS COMMON AREA UNDER CALIFORNIA LAW

Before evaluating whether your HOA is meeting its legal responsibilities, it’s critical to understand what the law defines as “common area.” This term doesn’t just refer to open spaces or recreational amenities. Rather, that term applies to a broad range of property components that fall outside your individual unit or lot but are collectively owned and managed by the HOA.

In most HOAs—especially in condominium developments—common areas include things like:

• Roofs, exterior walls, and siding.
• Staircases, elevators, and shared entryways.
• Walkways, hallways, and landings.
• Parking structures and garage areas.
• Pipes and utility lines outside your unit boundary.
• Private streets.
• Retaining walls, slopes, and greenbelts.
• Shared recreational facilities like pools, gyms, pickleball and tennis courts, and clubhouses.

These are not optional conveniences. They’re structural and functional elements that impact the safety, habitability, and value of your home. That’s why Civil Code section 4775 assigns legal responsibility for their upkeep directly to the HOA.

The law also draws a distinction between general common areas and exclusive use common areas. For example, a balcony that is designated for the private use of one homeowner may still be categorized as a common area under the law, especially if the HOA retains responsibility for major repairs and structural integrity. While homeowners are often responsible for cleaning and routine upkeep of such exclusive use common areas (it would depend on what the governing documents said about such obligations), the HOA is still almost always obligated to repair and replace those elements when they deteriorate.

This division of responsibility is codified in Civil Code section 4775(a). Unless the governing documents explicitly state otherwise, the HOA must handle all repairs and replacements of both general and exclusive use common areas. That includes roofs, balconies, exterior staircases, and shared drainage systems regardless of whether the board considers them high priority or not.

CIVIL CODE § 4775: WHAT THE LAW ACTUALLY REQUIRES

California Civil Code section 4775 is short but powerful. It imposes a mandatory legal duty on every HOA in the state to maintain, repair, and replace all common areas. That duty is not contingent on budget availability, board discretion, or member approval.

The language is clear:

[U]nless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area. (Civ. Code, § 4775(a).)

In practice, this means:

• If a common area roof is leaking, then the HOA must repair or replace the roof.
• If a common area stairway is cracking, then the HOA must repair or replace the stairway.
• If a drainage system is flooding the shared garage, then the HOA must stop the flooding and repair any damage caused by the flooding.

Boards cannot legally postpone repairs because they prefer not to levy a special assessment or raise general dues. They cannot argue that the issue “isn’t that urgent” (unless it really isn’t urgent). They cannot defer action just because they failed to budget for it. All of these rationales may explain the board’s behavior—but none of them legally excuse it.

Failing to comply with § 4775 can amount to:

• Negligence, when the board fails to take reasonable steps to prevent foreseeable damage.
• Breach of fiduciary duty, when directors knowingly ignore their legal obligations to the members.
• Breach of contract, when the HOA violates its own governing documents (and Civ. Code, § 4775) by failing to carry out maintenance obligations.

It’s not just a matter of bad management. It’s a legal violation that can result in serious liability.

EXAMPLES OF HOA NEGLECT IN CALIFORNIA

Neglect of common area maintenance isn’t just a theoretical problem. It’s a widespread, recurring issue across California HOAs. The following examples reflect the kinds of complaints that arise repeatedly in communities governed by bad HOAs. Each one illustrates what happens when a board delays necessary repairs or refuses to act altogether.

Leaking Roofs That Cause Unit Damage

A homeowner in a multi-story condominium noticed water stains on the ceiling after every rain. The problem persisted for more than a year. Multiple contractors confirmed the leak was coming from the common area roof. The HOA acknowledged that the roof needed to be replaced, but explained that such replacement simply wasn’t “in this year’s budget.” Meanwhile, the homeowner kept having to pay out-of-pocket to repair interior drywall, repaint ceilings, and mitigate mold.

[In a case like that one, not only was the HOA’s response completely unacceptable, but because the HOA was aware of the situation but refused to act to mitigate further damage to the homeowner’s personal property, the HOA was not only be legally responsible for replacing the roof, but it was also liable to the homeowner for all damage to the homeowner’s unit and personal property.]

Cracked Stairwells and Trip Hazards

An HOA delayed repairs to a visibly cracked outdoor staircase despite written complaints from residents. When an elderly homeowner tripped and broke her hip, the board scrambled to put up a caution sign. But it still failed to initiate repairs. It simply put up a sign. Six months later, the stairwell remained unfixed, and the association received a personal injury claim.

[Once a board has actual notice of a dangerous condition in a common area, it has a duty to act promptly. Simply putting up a caution sign—while delaying repairs for months—does not come close to curing the liability. In cases like this, both the HOA and individual board members may be liable to anyone injured as a result of the dangerous condition.]

Eroding Slopes and Retaining Wall Failures

In a hillside development, cracks began forming in a perimeter retaining wall. The HOA received a geotechnical report warning of potential slope failure, but the board delayed action, citing high costs. Erosion worsened, eventually causing damage to two adjacent homes. The HOA’s insurance company denied the claim on the grounds that the board ignored professional advice. A lawsuit followed.

[When an HOA disregards recommendations from licensed professionals, especially those involving structural or geotechnical risks, the board is no longer protected by the business judgment rule. Delays in this context can trigger not only negligence claims, but also breach of fiduciary duty allegations that may pierce the board’s D&O coverage.]

Unpainted and Rusting Perimeter Fencing

For more than a decade, the HOA failed to paint or maintain the perimeter fencing and pedestrian gates surrounding the community pool. Rust formed along the lower fencing panels, and sections near the pool began to deteriorate visibly. Despite repeated homeowner complaints, the board dismissed the issue as merely cosmetic and declined to act. Eventually, a portion of the fencing collapsed during high winds. The city issued a citation requiring emergency repairs. Because the board hadn’t planned ahead, it was forced to hire a contractor on short notice at an inflated rate. Soon after, a homeowner reported that her young child had tripped near the same area just days before the collapse. The HOA’s insurance carrier denied coverage for the claim, citing the board’s prior notice of the problem and prolonged inaction. To cover the cost of repairs and legal exposure, the board imposed a $1,200 special assessment on every unit.

[This is a textbook example of how deferred maintenance can quickly spiral into legal exposure and financial loss. What could have been resolved with routine painting and spot repairs turned into an emergency remediation, a denied insurance claim, a potential injury lawsuit, and a special assessment. The board’s failure to act early, and responsibly, ultimately cost the homeowners far more than routine maintenance would’ve.]

None of these examples are isolated. They occur in large and small HOAs alike, and are unified by the same mistake—delaying necessary repairs and failing to uphold the legal standard imposed by section 4775.

THE REAL COST OF INACTION: LEGAL AND FINANCIAL CONSEQUENCES FOR HOAS

When an HOA fails to perform its legal duty under Civil Code section 4775, the consequences don’t just affect the condition of the property, they affect everyone in the community. Deferred maintenance creates serious legal exposure, often triggering lawsuits, denied insurance claims, and special assessments that hit homeowners directly in their wallets.

And once a board has actual notice of a defect or safety risk, continuing delays just multiply the HOA’s potential liabilities.

• Negligence and personal injury claims. When a known hazard in a common area causes someone to get hurt—like a broken staircase, rotted deck, or buckling walkway—the HOA is almost always liable. And so are the individual directors if they ignored written complaints or failed to act after receiving professional advice. These cases don’t just involve repair costs. They often involve thousands of dollars in bodily injury claims, insurance litigation, and attorneys’ fees. In some cases, they also include non-economic damages for pain and suffering, which can drive settlement values even higher. And if a resident or guest is seriously injured, the HOA’s insurer may assert a reservation of rights or outright deny coverage, especially if there’s evidence that the board had notice of the issue and failed to fix it. That means that the HOA’s members—YOU—will ultimately be on the hook for all of those damages (typically in the form of special assessments).
• Property damage and denied claims. When water intrusion, slope movement, or other similar common area problems that the HOA had no prior knowledge of occur, the HOA is responsible for repairs to the common areas, but not for any collateral damage to a homeowner’s unit or personal property. That is NOT the case, however, when it comes to known common area problems that cause physical damage to individual units. In those cases, the HOA is on the hook—and not just for the common area element, but also for the resulting damage inside the homeowner’s property. If the damage occurs after the HOA has been warned—either by the homeowner, a contractor, or an inspector—and the board chooses to wait or ignore it, the HOA is fully liable for the downstream consequences. Insurers are increasingly denying claims under such circumstances. And even when coverage is triggered, the deductible alone can cost the HOA tens of thousands of dollars, and that cost usually gets passed along to the homeowners—again typically in the form of a special assessment.
• D&O liability. HOA boards typically carry D&O insurance to protect individual directors from being personally sued. But that protection is not unlimited. When board members are grossly negligent—which arguably occurs when they intentionally ignore consultants’ professional advice or in the face of unambiguous evidence—more and more insurers are: (a) denying coverage under the “willful misconduct” or “known loss” exclusions; (b) refusing to defend directors who failed to follow legal advice or expert recommendations; (c) increasing premiums; or d) cancelling policies altogether. When this happens, the financial burden shifts to the HOA itself. Legal fees, settlements, and verdicts must be paid from association funds, which really means that YOU will end up footing the bill.
• Breach of fiduciary duty. Under California law, HOA boards have a fiduciary obligation to act in the best interests of the membership. That includes maintaining the common areas in a timely and responsible manner. When boards fail to act, especially when they’ve been notified of dangerous or deteriorating conditions, they’re not just guilty of negligence. They’re violating the CC&Rs and breaching their fiduciary duty to the community. That opens the door to civil lawsuits brought by homeowners. And when those lawsuits are based on enforcement of the governing documents, Civil Code section 5975 entitles the prevailing homeowner to recover attorneys’ fees and costs.
• Financial fallout. Every delayed repair comes at a price. The longer the HOA waits to address a maintenance issue, the more expensive the problem becomes. Eventually, the board faces a decision: levy a special assessment to pay for the fix, or face the cost of a lawsuit that could result in an even higher payout (more often than not, dramatically higher). And even when there’s no lawsuit, insurance premiums go up, especially after an injury claim or water intrusion case. Over time, this leads to increased monthly dues, higher deductibles, more frequent special assessments, and lowering of property values (due to deteriorating conditions).

In other words, deferred maintenance doesn’t just expose the HOA to substantial legal and financial risks, it drags down the entire community and directly affects the value of YOUR home.

RED FLAGS: HOW TO SPOT MAINTENANCE FAILURES EARLY

Many homeowners assume that if something serious were wrong in the common areas, the board would be on top of it. That assumption is quite often wrong. Most HOAs don’t announce when they’re falling behind on repairs. And some boards go out of their way to hide red flags from members. That’s why homeowners need to learn what to look for—i.e., they need to learn to recognize and what kinds of language or behavior from the board may indicate a bigger problem beneath the surface.

Here are some of the most common warning signs:

• Vague or repetitive board meeting minutes. If you see the same phrases month after month—“evaluating bids,” “seeking proposals,” “monitoring the situation,” without any actual repair date, that’s a red flag. These phrases are often used to delay action while pretending the issue is being handled.
• Inspection reports that are never shared. If you know a soil engineer, balcony inspector, or roofing contractor was brought in, but you never see the report—or it’s never even mentioned at a meeting—you should assume the board is hiding something. At minimum, you should be asking why.
• Delays framed as “next year’s budget.” If a known safety issue gets brushed aside with a vague promise to “budget for it next year,” and the board doesn’t follow through, that’s a sign the board either lacks financial discipline or is avoiding responsibility altogether.
• Downplaying professional recommendations. When the board receives a report stating that a slope needs immediate reinforcement or that a staircase should be replaced, listen carefully to how that report gets described in meetings. If the language is vague, dismissive, or inconsistent with what you’ve seen personally, there’s very likely a problem.
• Band-aid fixes. If the HOA keeps sending out the handyman for temporary patches—like caulking leaks, painting over rot, or filling in cracks, but never hires a licensed contractor to actually resolve the issue, the board is just kicking the can down the road.
• Recurring special assessments for the same issue. If you’ve paid more than one special assessment to repair the same fence, fix the same pipes, or patch the same roof, that usually means the problem wasn’t handled correctly in the first place or that the HOA has no long-term maintenance strategy.

When any of these patterns appear, it’s time to start asking hard questions and demanding clear answers.

WHAT HOMEOWNERS CAN DO TO FORCE BOARD ACTION

Spotting red flags is only the first step. The more important question is: what can you do about it? California law gives homeowners a number of practical tools to hold their HOAs accountable before the damage spreads or someone gets hurt.

1. Document everything. Start by creating a paper trail. If you notice a problem, like a leak, structural crack, trip hazard, or visible damage, take photos, save dates, and write down what you see. Keep records of any communication you send or receive, and don’t rely on verbal conversations. Documentation doesn’t just strengthen your position. It also triggers legal responsibility. Once you notify the board in writing, they’re on notice, and their legal exposure increases with every day they fail to act.
2. Submit a formal written demand. Put your complaint in writing, and submit it to the board and the property management company. Be specific. Identify the exact problem, where it’s located, how long it’s been going on, and whether it poses a safety hazard. If you know it involves a common area, say so. Cite Civil Code section 4775 and state clearly that the HOA has a legal obligation to maintain, repair, and replace common areas. Ask that the issue be formally placed on the agenda for the next open board meeting. If the board ignores your demand, attend the next meeting and speak out during the open forum section of the meeting. Tell your fellow homeowners of your prior efforts and the board’s intentional failure.
3. Exercise your 5200 document rights. If you suspect that inspections, bids, or engineering reports have been received, but not disclosed, you can submit a 5200 document demand. This section of the Davis-Stirling Act requires HOAs to provide members with access to a broad range of official records, including: (a) contracts and bids; (b) inspection and engineering reports; (c) board meeting minutes; (d) reserve studies; (e) emails and communications related to maintenance decisions. The HOA has 30 days to respond, and they cannot ignore a lawful demand under section 5200. If they do, you may be entitled to statutory penalties and attorney’s fees.
4. Rally support among fellow members. You don’t have to act alone. If the maintenance issue affects multiple homes, or even just common access areas like walkways or parking, start talking to your neighbors. You can: (a) circulate an email or letter explaining the situation; (b) coordinate member attendance at the next board meeting; (c) raise awareness about legal obligations and risks; and (d) organize a recall campaign if the board refuses to act. Board members are elected, and that means they can be replaced. Collective pressure from multiple homeowners is often helpful in compelling board action.
5. If you think it will help, demand IDR. Under the Davis-Stirling Act, every HOA must offer a process known as Internal Dispute Resolution, or IDR. This is essentially a formal, confidential meeting between you and at least one board member to resolve the issue without going to court. You can demand IDR at any time (but do so in writing). The board is required to participate in good faith. If they refuse, you’ll have a stronger claim if you end up litigating. And if the board agrees to repair the problem during IDR, get the agreement in writing and confirm deadlines.
6. Consider legal action if the HOA refuses to act. If the board still refuses to fix a dangerous or defective condition in the common area, and you’ve documented the issue, submitted formal demands, and requested IDR, you may be entitled to: (a) file a petition for injunctive relief, forcing the HOA to act; (b) sue for breach of the CC&Rs and Civil Code section 4775; (c) recover attorneys’ fees under Civil Code section 5975; and (d) recover monetary damages for any harm to your property or personal injury. The longer you wait, the more difficult it becomes to recover what you’re owed. And if you act early, you may be able to resolve the issue before it results in significant damage or litigation.

CONCLUDING THOUGHT

When an HOA delays repairs, ignores safety risks, or defers maintenance of common areas, the consequences are rarely limited to one homeowner. Deferred maintenance affects everyone. It lowers property values, invites liability, and forces residents to absorb costs that could have been avoided if the board had simply done its job.

California law isn’t ambiguous. Civil Code section 4775 imposes a direct and non-negotiable duty on HOAs to maintain, repair, and replace common areas. That duty doesn’t hinge on budgetary convenience, personal opinion, or political popularity. It’s the law. And when boards ignore it, the burden shifts to you—the homeowner—to demand action and, if necessary, enforce your rights.

If your HOA is sitting on a known safety issue, deflecting responsibility, or hiding behind vague promises to “evaluate bids,” don’t wait for someone to get hurt. Use the tools this article has outlined. Document the problem. Demand answers. Organize support. And if necessary, pursue legal action by coming to us at MBK CHAPMAN.

Because if your board won’t protect your property, someone has to.