Homeowners Associations (HOAs) are responsible for the maintenance of common areas in a community. These areas include parks, playgrounds, clubhouses, and swimming pools. These common areas are a big part of what makes a community desirable to live in. However, if the HOA fails to perform their duties as outlined in their covenants, it can create an unpleasant living situation for residents. In this blog post, we'll discuss what owners can do if their HOA common areas are not maintained.
The first step to take if you notice that common areas in your community are not being maintained is to review your HOA guidelines. Familiarize yourself with the rules and regulations that the HOA is supposed to follow. Ensure that the maintenance guidelines are outlined clearly in the covenants. If the guidelines are not being followed, the HOA may be violating the terms of their contract. In this case, you have a legal right to hold them accountable.
If common areas are not maintained, it's important to document the issues you see. Take photographs and video of the areas that are not being maintained. Keep a record of the time and date when you notice the maintenance issues. This documentation can be very useful if you need to take legal action against the HOA.
Once you have documented the maintenance issues, communicate with the HOA board. Request a meeting with the board to discuss the problems. During the meeting, present your documentation and discuss possible solutions. If the board is unresponsive, it may be time to escalate the issue.
If the HOA is not responsive to your concerns, it's time to file a formal complaint. This can be done through the state regulators, usually the Department of Commerce, Consumer Affairs, or the Real Estate Board. If the HOA is violating its governing documents, the state regulators can enforce the rules and can even impose penalties.
If the HOA is still unresponsive, you may need to contact a lawyer. A lawyer will review your situation and help you determine the best course of action. They can help you file a lawsuit against the HOA for failure to maintain the common areas.
Common areas are an essential part of the community, and keeping them well-maintained is the responsibility of the HOA. If you notice that the common areas are not being maintained, take the steps outlined in this blog post to hold the HOA accountable. Document the issues and communicate with the HOA board, file a complaint with state regulators, and, if necessary, contact a lawyer. At Community Connect Systems, our HOA service request management software can help your HOA stay on top of maintenance issues and create a better living environment for all residents. Contact us today to learn more.