Understanding Who is Responsible for Maintaining, Repairing, and Replacing Exclusive Use Common Area Components

A common dispute between homeowners’ associations (“Association”) and the owners of the individual condominium units or homes within the Association (“Owners”) involves a determination of who is responsible for the maintenance, repair, and replacements of common area components that are deemed “exclusive use common area” (sometimes referred to as “restricted common area”).

State statutes and Association governing documents typically define “exclusive use common area” as meaning portions of the common area which are located outside of the Owner’s separate interest, and which are for the exclusive use of that owner (i.e. shutters, awnings, window boxes, exterior doors, door frames and hardware, screens, windows, balconies, patios, storage areas, parking spaces, plumbing and electrical components). The exclusive use common areas of a particular Association are generally identified in state statutes and in the Association’s governing documents such as the Declaration (CC&Rs) and/or a Condominium Plan. They are frequently unclear as to whether the Association, or the Owners, are responsible for the maintenance, repair, and replacements of the identified exclusive use common area components.

Maintenance responsibilities for exclusive use common areas are often assigned to Owners but may vary from Association to Association depending on their governing documents. Governing documents frequently make Owners responsible for “maintenance” of exclusive use common areas but fail to address who is responsible for “repairs and replacements.” That issue may be resolved by reference to:

Subscription Required to Continue Reading

To view the full HOA Featured Article, you must have a Subscription with HOA Member Services

Become a Member

Personal Monthly

$ 12.70 /month
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Personal

$ 97 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Pro

$ 297 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • 1 User

HOA Team

$ 347 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • Up to 10 Users
Shopping Cart

Get Your FREE
HOA Living Guide

 Get ready to level up your community! Dive into our guide for homeowners and management personnel in neighborhoods run by homeowners associations. Download now for essential tips and exclusive resources— improve your community with one click! 

Success, check your email for your guide!

Scroll to Top