A balcony starts to leak. A section of fence leans after a windstorm. A driveway cracks. One of the most common questions owners ask their HOA is simple: who is responsible for fixing this? The answer depends on your community's governing documents, but a few basic terms make it much easier to understand.
Start with your declaration
Your declaration (often called the CC&Rs) and the plat or map that goes with it describe what each owner owns and what the association owns. They also usually say who maintains, repairs and replaces each part of the property, and who pays for it. Every community is different. Two neighborhoods a mile apart can divide responsibilities in very different ways, so the documents for your own community are always the place to start.
Your unit or lot
In general, the owner maintains their own unit or lot. In a single-family home community, that often includes the entire home and yard. In a condominium, it is often everything inside the unit's boundaries, such as interior walls, flooring, cabinets, fixtures and appliances. Your declaration defines exactly where your unit's boundaries are.
Limited common elements
A limited common element is part of the shared property that is set aside for the use of one or more specific units rather than everyone. Common examples include balconies, patios, decks, assigned parking spaces, storage lockers and sometimes the driveway or front walk that serves your home. Because only certain owners use them, governing documents often treat them differently. Some communities make the owner responsible for upkeep, some keep that responsibility with the association, and some split it, for example having the association handle structural repairs while the owner keeps the space clean. Your declaration will say which approach applies.
Common elements
Common elements are the parts of the property shared by the community, such as common grounds, amenities like a pool or clubhouse, private roads and, in many condominium and townhome communities, building exteriors and roofs. The association typically maintains these areas and pays for them through the budget and reserves funded by owner assessments.
When something gets damaged
Responsibility for a repair is not always the same as responsibility for the cost. If damage is caused by an owner, a tenant or a guest, the association's documents may allow the cost to be charged back to that owner. Insurance can also play a role, which is why it helps to understand both the association's master policy and your own coverage.
Ask before you repair
If you are not sure who is responsible, contact your community manager before hiring a contractor. Your manager can review your documents, tell you whether the repair belongs to you or the association and, if it is the association's responsibility, submit a work order. If the work involves changing the look of your home, you may also need architectural (ARC) approval first.
Have a question? Just ask
Wondering who handles a repair in your community? Submit a request through your HOA Portal, email info@accordhoa.com or call our office at 720-230-7303.
This article is general information only, not legal advice. Your community's governing documents and applicable Colorado law control; consult your association's attorney about specific situations.