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Overview

California law imposes a statutory duty on homeowners associations to maintain common areas and common area components. When your HOA fails to maintain roofs, pools, landscaping, parking areas, security systems, or other common elements, your property value suffers and safety hazards emerge. California Civil Code Section 4775 and your CC&Rs give you powerful tools to force compliance.

Key Protection: Under Civil Code 4775, the association is responsible for maintaining, repairing, and replacing the common area and common area components. This is a mandatory statutory duty that cannot be waived by CC&Rs, except for certain exclusive use common areas under Civil Code 4780.

Common HOA maintenance failures that damage California homeowners:

  • Roof leaks: Water intrusion damaging unit interiors due to neglected roof maintenance
  • Pool and spa neglect: Broken equipment, algae growth, safety hazards
  • Landscaping deterioration: Dead plants, overgrown trees, irrigation failures, pest infestations
  • Parking lot damage: Potholes, cracked asphalt, faded striping, drainage issues
  • Security failures: Broken gates, non-functioning cameras, inadequate lighting
  • Water intrusion: Leaking from common area walls, balconies, or plumbing
  • Elevator breakdowns: Frequent outages, safety issues, ADA compliance
  • HVAC systems: Central systems not maintained, affecting multiple units
Document Everything: Before sending a demand letter, thoroughly document the maintenance failure with dated photos, videos, and written communications. Evidence of how long the HOA has known about the problem strengthens your position significantly.
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Common Maintenance Failure Scenarios

Roof Leaks Affecting Units ▼

Roof maintenance is almost always the HOA's responsibility in condominiums:

  • HOA Duty: The roof is a common area component; the association must maintain, repair, and replace it
  • Interior Damage: When a roof leak damages your unit interior (drywall, flooring, personal property), you may have claims against the HOA
  • Insurance Implications: HOA master policy typically covers structure; your HO-6 policy covers interior improvements and contents
  • Delayed Repairs: If HOA knew of roof problems but delayed repairs, they may be liable for resulting damage

Key evidence: Prior complaints, board meeting minutes discussing roof issues, inspection reports, weather damage dates.

Pool and Recreational Facilities ▼

Pool and recreational amenities require consistent maintenance:

  • Health Code Compliance: Pools must meet California Health and Safety Code requirements
  • Equipment Failures: Broken pumps, heaters, filters that render facilities unusable
  • Safety Hazards: Broken tiles, cracked decking, non-functional gates, missing drain covers
  • Gym Equipment: Broken machines, safety issues, lack of maintenance
  • Assessment Argument: If you pay assessments for amenities, you're entitled to functional facilities

Key evidence: Health department violations, photos of disrepair, dates of closure, comparison to promised amenities.

Landscaping Neglect ▼

Landscaping maintenance affects property values and safety:

  • Dead Vegetation: Failure to maintain plants, trees, and grass
  • Irrigation Problems: Broken sprinklers, water waste, dry areas
  • Tree Hazards: Overgrown trees, dead branches, root damage to sidewalks
  • Pest Infestations: Rodents, termites, other pests from neglected landscaping
  • Fire Hazards: Dead brush and vegetation creating fire risk

Key evidence: Photos over time showing deterioration, landscape contractor quotes, pest inspection reports.

Parking Lot and Driveway Damage ▼

Parking areas are common areas requiring maintenance:

  • Potholes: Can damage vehicles and create trip hazards
  • Cracked Asphalt: Deteriorating surfaces from lack of sealing/resurfacing
  • Drainage Issues: Standing water, flooding during rain
  • Faded Striping: Unclear parking spaces, ADA compliance issues
  • Carport/Garage Structures: Deteriorating roofs, supports, or doors

Key evidence: Photos of damage, vehicle repair receipts if applicable, quotes for repairs, ADA compliance issues.

Security Gate and Lighting Failures ▼

Security features are critical common area components:

  • Gate Malfunctions: Entry gates that don't close, broken keypads/remotes
  • Lighting Outages: Dark parking lots, walkways, stairwells creating hazards
  • Camera Systems: Non-functional security cameras
  • Intercom Systems: Broken buzzers, visitor access systems
  • Liability Implications: HOA may face premises liability if crime occurs due to security failures

Key evidence: Incident reports, police reports if applicable, photos of broken equipment, service call records.

Water Intrusion from Common Areas ▼

Water damage from common area sources is a major issue:

  • Exterior Walls: Leaking stucco, siding, or building envelope
  • Balcony/Deck Waterproofing: Failed waterproofing causing leaks below
  • Common Plumbing: Main lines, risers, or shared plumbing causing damage
  • Window/Door Assemblies: Depending on CC&Rs, may be common area
  • Mold Issues: Water intrusion leading to mold growth and health hazards

Key evidence: Moisture testing reports, mold inspections, plumber reports identifying source, photos of damage progression.

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Legal Basis

Several California statutes and legal principles govern HOA maintenance obligations:

Civil Code Section 4775 - Association Maintenance ▼

The core statute governing HOA maintenance duties:

  • Statutory Duty: "Unless otherwise provided in the declaration, the association is responsible for maintaining the common area"
  • Repair and Replace: Duty includes repair and replacement, not just maintenance
  • Components: Applies to all common area components
  • Cannot Be Waived: CC&Rs can allocate responsibility but cannot eliminate association's basic maintenance duty

This is your primary statutory basis for demanding HOA action.

Civil Code Section 4780 - Exclusive Use Common Areas ▼

Special rules for exclusive use common areas (patios, balconies, etc.):

  • Definition: Common area designated for exclusive use of one or more units
  • Default Rule: Owner responsible for maintaining unless CC&Rs provide otherwise
  • Structural Components: Association typically remains responsible for structural repair even of exclusive use areas
  • Examples: Assigned parking spaces, balconies, patios, storage areas

Check your CC&Rs carefully to determine who maintains exclusive use common areas.

CC&R Maintenance Provisions ▼

Your CC&Rs contain specific maintenance allocations:

  • Maintenance Matrix: Many CC&Rs include a chart showing who maintains what
  • Component Definitions: CC&Rs define what constitutes common area vs. separate interest
  • Standard of Care: Some CC&Rs specify the maintenance standard required
  • Reserve Funding: CC&Rs typically require reserves for major maintenance/replacement

Always read your CC&Rs before sending a demand - they may strengthen or limit your position.

Civil Code Section 5500 - Reserve Funding ▼

HOAs must fund reserves for major common area components:

  • Reserve Study: HOA must conduct reserve study at least every 3 years
  • Major Components: Must identify and fund for major component replacement
  • Funding Plan: Board must adopt funding plan
  • Disclosure: HOA must disclose reserve funding status to members

If HOA claims insufficient funds, check whether they've been funding reserves as required.

Negligence and Breach of Fiduciary Duty ▼

Additional legal theories may apply:

  • Negligence: HOA owes duty of reasonable care in maintaining common areas
  • Fiduciary Duty: Board members owe fiduciary duties to association/members
  • Business Judgment Rule: Protects good-faith board decisions, but not failure to act
  • Premises Liability: HOA may be liable for injuries caused by hazardous conditions

These theories can support claims for damages beyond just repair costs.

Davis-Stirling Act: The Davis-Stirling Common Interest Development Act (Civil Code 4000-6150) governs California HOAs. It provides the framework for maintenance responsibilities, dispute resolution, and owner rights.
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Understanding Area Classifications

Knowing what type of area is involved determines who is responsible for maintenance:

Area Type Definition Who Maintains Examples
Common Area Property owned by all members in common, not part of any unit HOA (Civil Code 4775) Lobby, pool, roof, exterior walls, elevators, hallways, parking lots
Exclusive Use Common Area Common area designated for exclusive use by one owner Owner (unless CC&Rs say otherwise) Balconies, patios, assigned parking spaces, storage units
Separate Interest (Unit) The individually owned unit/lot Owner Interior walls, flooring, fixtures, appliances within unit
Check Your CC&Rs: The exact boundaries between these areas vary by development. Your CC&Rs and condominium plan define specifically what is common area vs. separate interest. Some CC&Rs deviate from the default statutory rules, so always verify before making assumptions.

Common Boundary Disputes

  • Windows and Doors: May be common area (frame) vs. separate interest (glass) - check CC&Rs
  • Plumbing: Risers and mains typically common; branch lines from wall into unit typically separate interest
  • Electrical: Main panels and wiring to unit typically common; interior wiring typically separate interest
  • HVAC: Central systems common; individual unit systems may be separate interest
  • Balcony Waterproofing: Often HOA responsibility even though balcony is exclusive use
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Notice Requirements to HOA Board

Before escalating, provide proper notice to the HOA of maintenance issues:

Step 1: Initial Written Notice ▼
  • Send written notice to HOA management and board of directors
  • Describe the maintenance issue in specific detail
  • Include photos and documentation
  • Reference applicable CC&R sections and Civil Code 4775
  • Request specific action within a reasonable timeframe (typically 30 days)
  • Keep copies of all correspondence
Step 2: Follow-Up and Escalation ▼
  • If no response, send a follow-up notice referencing your initial request
  • Request to appear at a board meeting to discuss the issue
  • Document any responses (or lack thereof)
  • Consider organizing with other affected owners
  • If safety hazard exists, note urgency and potential liability
Step 3: Formal Demand Letter ▼
  • After initial notices are ignored, send formal demand letter
  • Reference all prior communications
  • Cite specific legal obligations (Civil Code 4775, CC&Rs)
  • Demand specific repairs within a specific timeframe
  • State intention to pursue legal remedies if not resolved
  • Consider sending via certified mail for proof of delivery
Step 4: Pre-Litigation Requirements ▼

Before filing suit, California requires:

  • Civil Code 5930: Request for IDR (Internal Dispute Resolution) or ADR (Alternative Dispute Resolution)
  • IDR: Meet and confer with board representative
  • ADR: Mediation or arbitration (may be required by CC&Rs)
  • Civil Code 5950: Certificate of compliance with ADR requirement before filing suit

Failure to comply with these requirements can delay or dismiss your lawsuit.

Tip: Keep a detailed log of all communications with the HOA, including dates, times, names of people you spoke with, and summaries of conversations. This documentation is invaluable if the dispute escalates.
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Photo Documentation Checklist

Thorough documentation is essential for proving maintenance failures:

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Overview Photos

Wide shots showing the entire affected area in context (building exterior, pool area, parking lot)

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Detail Photos

Close-up shots of specific damage (cracks, leaks, broken equipment, deterioration)

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Date Stamps

Ensure your camera/phone is set to include date and time stamps, or include a newspaper/dated document in photos

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Progression Documentation

Take photos regularly (weekly/monthly) to show deterioration over time or lack of repair

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Scale References

Include a ruler, coin, or other object to show the size of damage (cracks, holes, etc.)

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Video Documentation

For water intrusion, take video showing active leaking during rain or after watering

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Professional Inspections

Obtain written reports from licensed contractors, inspectors, or engineers

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Repair Estimates

Get written quotes from licensed contractors for repair costs

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Safety Hazard Documentation

If safety issue exists, document the hazard and any warning signs (or lack thereof)

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Communication Records

Save all emails, letters, and notes from calls with HOA about the issue

Water Intrusion Cases: For water intrusion, also obtain moisture readings (from a moisture meter), mold testing if applicable, and have a professional identify the source of the water. Insurance claims and litigation often require this documentation.
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Remedies and Options

Demand for Repair ▼

The primary remedy is demanding the HOA perform its maintenance obligations:

  • Specific performance - court order requiring HOA to make repairs
  • Injunctive relief - court order to stop ongoing neglect
  • Set reasonable deadline for compliance
  • Request timeline and plan for repairs
Repair and Deduct (Limited Applicability) ▼

Unlike landlord-tenant law, repair and deduct is generally NOT available for HOA disputes:

  • Generally Not Permitted: You cannot simply make repairs and deduct from assessments
  • Assessment Obligation: You must continue paying assessments even if HOA is failing to maintain
  • Limited Exception: If your CC&Rs specifically authorize repair and deduct (rare)
  • Risk: Withholding assessments can result in liens, late fees, and legal action against you

Seek legal advice before attempting any self-help remedies.

Insurance Claims ▼

Multiple insurance policies may apply:

  • HOA Master Policy: Covers common area damage and may cover unit damage from common area issues
  • Your HO-6 Policy: Covers your interior improvements, betterments, and personal property
  • Loss Assessment Coverage: Your policy may cover special assessments for uninsured losses
  • Subrogation: If your insurer pays, they may pursue the HOA for negligence

Document everything for insurance purposes and file claims promptly.

Damages Recovery ▼

If HOA negligence caused you damages, you may recover:

  • Property Damage: Cost to repair damage to your unit
  • Personal Property: Damaged belongings
  • Loss of Use: If unit uninhabitable, temporary housing costs
  • Diminished Value: Reduction in property value
  • Attorney's Fees: If CC&Rs or statute provides for fee recovery
Board Recall and Elections ▼

Political remedies within the HOA:

  • Board Recall: Under Civil Code 5110, members can call special meeting to recall directors
  • Run for Board: Get involved and change HOA priorities from within
  • Organize Owners: Build coalition to demand maintenance improvements
  • Attend Meetings: Raise issues during open forum at board meetings
Litigation ▼

If other remedies fail:

  • Small Claims Court: For damages under $12,500 (individuals)
  • Superior Court: For larger claims or specific performance
  • Class Action: If maintenance failure affects many owners
  • Arbitration: If required by CC&Rs

Remember pre-litigation ADR requirements under Civil Code 5930.

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Sample Demand Letter

HOA Maintenance Failure Demand Letter
[Your Name] [Your Address] [Unit Number] [Date] VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED [and via email to: _____________] [HOA Name] Board of Directors c/o [Management Company Name] [Management Company Address] Re: Formal Demand for Maintenance - [Description of Issue] Property Address: [Address] Unit: [Your Unit Number] Dear Board of Directors: DEMAND FOR MAINTENANCE AND REPAIR I am writing as an owner at [Development Name] to formally demand that the Association fulfill its statutory and contractual maintenance obligations regarding [describe issue - e.g., "the common area roof above my unit," "the community swimming pool," "the parking lot and driveway surfaces"]. BACKGROUND On [date], I first notified [HOA/management company] of [describe the maintenance issue]. Despite [number] written requests dated [list dates], the Association has failed to address this issue. Copies of my prior correspondence are attached as Exhibit A. The current condition is as follows: [Describe the specific condition in detail - e.g., "Water is actively leaking through the ceiling in my living room whenever it rains. The leak has caused visible water staining on the ceiling drywall, warping of the hardwood flooring, and potential mold growth behind the affected wall."] LEGAL BASIS FOR DEMAND The Association has a statutory duty under California Civil Code Section 4775 to maintain, repair, and replace the common area and its components. [The roof / pool / parking lot / etc.] is common area as defined in the CC&Rs at Article [X], Section [Y]. Additionally, Article [X], Section [Y] of the CC&Rs specifically provides that [quote relevant CC&R provision regarding maintenance responsibility]. The Association's failure to maintain [the component at issue] constitutes: 1. Violation of Civil Code Section 4775 2. Breach of the CC&Rs 3. Breach of fiduciary duty 4. Negligence DAMAGE TO MY PROPERTY As a direct result of the Association's failure to maintain [the roof/etc.], my unit has sustained the following damage: • [List specific damage items with estimated costs] • [Drywall damage: approximately $X] • [Flooring damage: approximately $X] • [Personal property damage: approximately $X] • [Other costs incurred: $X] Total estimated damage to date: $[Total] I have obtained a written estimate from [Contractor Name], a licensed contractor, documenting the repairs needed and associated costs. A copy is attached as Exhibit B. DEMAND I hereby demand that within THIRTY (30) DAYS of this letter, the Association: 1. Immediately inspect and assess [the common area component at issue] 2. Engage qualified contractors to perform necessary repairs 3. Complete all repairs to common area components 4. Reimburse me for damage to my separate interest caused by the Association's failure to maintain common areas, in the amount of $[amount] or as determined by mutual agreement REQUEST FOR IDR/ADR Pursuant to Civil Code Sections 5900-5920, I am requesting Alternative Dispute Resolution (ADR) to resolve this matter. Please provide written response within 30 days regarding the Association's willingness to participate in mediation or other ADR process. CONSEQUENCES OF NON-COMPLIANCE If the Association fails to address this matter within the timeframe specified, I intend to: 1. Pursue all available legal remedies, including litigation for specific performance and damages 2. Seek recovery of attorney's fees as provided by the CC&Rs and applicable law 3. Report safety hazards to appropriate authorities [if applicable] 4. Exercise my rights under the Davis-Stirling Act to access Association records related to this maintenance issue I remain willing to resolve this matter cooperatively. However, the Association's continued inaction leaves me no choice but to protect my property rights through formal legal channels if necessary. Please direct all responses to me at the address above or via email at [your email]. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Exhibit A: Prior correspondence regarding this issue - Exhibit B: Contractor estimate for repairs - Exhibit C: Photos documenting the condition - Exhibit D: Relevant CC&R provisions cc: [Your attorney, if applicable] [Property manager email] [Board president, if known]
Customize This Letter: This is a template. You must customize it with specific facts, dates, CC&R citations, and damage amounts. The strength of your demand depends on accurate documentation and proper legal citations.
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Next Steps

1. Gather Documentation ▼
  • Collect all photos, videos, and written documentation
  • Compile all prior correspondence with HOA
  • Obtain contractor estimates for repair costs
  • Get copies of CC&Rs and identify relevant provisions
  • Request HOA records related to the maintenance issue
2. Review CC&Rs and Condominium Plan ▼
  • Confirm the component at issue is common area
  • Identify any special maintenance allocation provisions
  • Check for dispute resolution requirements
  • Note any attorney's fee provisions
  • Review insurance requirements
3. File Insurance Claims ▼
  • Notify your HO-6 insurer of the damage
  • Request that HOA file claim on master policy
  • Document all damage thoroughly for insurance
  • Keep records of all insurance communications
4. Send Formal Demand ▼
  • Customize the sample letter with your specific facts
  • Send via certified mail and email
  • Keep copies of everything sent
  • Set calendar reminder for response deadline
5. Pursue ADR if Required ▼
  • Participate in IDR (meet and confer) if offered
  • Consider mediation before litigation
  • Check if CC&Rs require arbitration
  • Document good faith participation in ADR
6. Consult an Attorney ▼
  • For complex issues or significant damages, consult a HOA attorney
  • Attorney can evaluate strength of your case
  • May be able to recover attorney's fees if you prevail
  • Attorney letter carries more weight than owner letter
Need Help? I personally handle California HOA disputes. Whether you need a demand letter ($450 flat fee) or representation in a maintenance failure case, contact me at owner@terms.law or schedule at calendly.com/sergei-tokmakov

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