HOA Director Maintenance Responsibilities
A common issue within homeowners associations relates to decisions relative to the maintenance of common areas. As buildings and their structural components age, they deteriorate and become in need of maintenance, repairs, and/or replacements. To ensure that the required work is performed as needed, state statutes and association governing documents contain provisions that require associations to maintain, repair and replace the common areas as needed.
Because associations are controlled and operated by their board of directors, the responsibility for fulfilling the association’s obligations relative to maintenance of the common areas falls on the board of directors, acting collectively by making decisions through proper meetings at which a quorum of directors is present. While certain responsibilities can be delegated to one or more directors or other management personnel, the ultimate responsibility lies with the board of directors. In order to properly fulfill their maintenance responsibilities, associations have several duties including:
Inspection– Associations have a duty to make periodic visual inspections of common area components. These inspections are typically performed by qualified people who are retained by the association.
Investigate Complaints– Associations have a duty to investigate complaints regarding the condition of common area components. When complaints about the condition of common area components are brought to the attention of an association’s board of directors, action must be taken to investigate the component(s) in question in order to assess the need for maintenance, repairs, or replacement of the particular component. Such investigations are also typically performed by qualified people who are retained by the association.
Repairs– Associations have a duty to make needed repairs of common area components. Common area components that are determined to be in need of maintenance, repairs, or replacement must be dealt with. Regardless of