When Your HOA Won’t Fix What It Should
You’ve paid every assessment on time. You’ve followed the rules. But when something breaks in a common area or your property suffers because of failing shared infrastructure, the board goes quiet. It’s one of the most frustrating situations a homeowner can face, and it happens far more often than people realize.
Our friends at Sahyers Firm LLC regularly help homeowners who are dealing with this exact problem. When an HOA neglects what it’s obligated to maintain, the fallout isn’t just an eyesore. Leaking roofs, broken drainage lines, crumbling walkways, and deteriorating exterior structures can cause real, lasting damage to your property if they’re left unaddressed.
What Your HOA Is Actually Required to Maintain
Every homeowners’ association is governed by a set of documents. You’ll typically find a Declaration of Covenants, Conditions, and Restrictions (CC&Rs), articles of incorporation, and bylaws. Somewhere in those documents, there’s a clear line drawn between what you’re responsible for and what the association has to take care of.
Common areas and shared structural elements almost always fall on the HOA’s side of that line:
- Roofing and exterior walls in townhomes or attached communities
- Shared drainage, irrigation, and stormwater systems
- Sidewalks, parking areas, and community fencing
- Pool facilities, clubhouses, and landscaping in common spaces
If the governing documents assign a maintenance duty to the association, the board can’t simply decide to ignore it. That’s not a judgment call. It’s a potential breach of fiduciary duty.
What State Law Requires
State Statute 720.303 spells out the obligations HOA boards carry when it comes to maintaining association property and records. Under this statute, the association must fulfill the obligations laid out in its governing documents.
There’s also the fiduciary standard. Board members are required to act in the community’s best interest. A board that knows about a maintenance issue and refuses to address it may be violating that standard outright.
Steps Worth Taking Before You Escalate
You don’t necessarily need to hire an attorney on day one. But you do need to be strategic. If your HOA has brushed off your repair requests, a few practical steps can strengthen your position before things go further.
Get Everything in Writing
Verbal complaints disappear. A written request sent via certified mail or email with a delivery receipt does not. Include photos, dates, and direct references to the sections of your governing documents that assign the repair responsibility to the HOA. Build your paper trail early.
Show Up to Board Meetings
You have the right to attend and speak at board meetings. Use it. Raising the issue publicly and on the record puts real pressure on the board. It also adds another layer of documentation if the matter escalates later.
Bring in a Licensed Inspector
Is the issue structural? Does it involve water intrusion or a safety concern? A professional inspection report from a licensed contractor carries weight. It moves your complaint from opinion to documented fact, and that matters if you end up in front of a judge.
Sometimes Legal Action Is the Only Path Forward
Some boards respond to formal demands. Others simply don’t. If your HOA continues to refuse repairs after you’ve given reasonable notice, you may need to pursue legal remedies. Depending on the facts, that could mean filing a civil claim for breach of fiduciary duty, breach of contract, or negligence. An HOA dispute lawyer can evaluate your circumstances and identify which approach makes sense for your situation.
The longer a repair sits unaddressed, the worse the damage gets. Remediation costs climb. Evidence deteriorates. Acting early protects both your property and your ability to recover what you’ve lost.
You Shouldn’t Pay for Your HOA’s Failure
You didn’t cause the problem. You shouldn’t have to absorb the financial consequences of a board that won’t do its job. If you’ve made good faith efforts to get a maintenance issue resolved and the HOA still won’t act, it may be time to talk with an attorney.