When damage occurs in an HOA community, determining who bears responsibility for repairs often creates confusion and frustration. Whether dealing with termite infestations or water damage, understanding the distinction between HOA and homeowner responsibilities is crucial for both boards and residents.
Contents
- Understanding Property Types and Responsibilities
- Townhome Maintenance Obligations
- Addressing Water Damage
- Pest Control and Termite Treatment
- Common Areas of Confusion
Understanding Property Types and Responsibilities
The legal framework governing maintenance responsibilities differs significantly between condominiums and townhomes in North Carolina. Condominiums fall under the NC Condominium Act, where owners typically own only the space between walls, ceilings, and floors. In contrast, townhomes, governed by the NC Planned Community Act, grant owners full ownership of both the structure and the lot it sits on. This fundamental difference shapes how maintenance responsibilities are allocated.
Townhome Maintenance Obligations
Townhome maintenance responsibilities often create confusion due to the shared nature of these properties. Most townhome governing documents require the HOA to provide some exterior maintenance, typically including roofs, exterior walls, driveways, and landscaping. However, anything not specifically assigned to the HOA becomes the owner’s responsibility by default.
Common areas of ambiguity include windows, doors, and structural elements. For instance, when documents mention window maintenance, questions arise about whether this includes just the glass or extends to frames, sashes, and hardware. Similarly, roof maintenance might cover shingles but leave questions about underlayment, wooden sheathing, and ventilation systems.
Addressing Water Damage
Water damage presents particularly complex scenarios, especially when caused by community systems like irrigation. Even when an HOA maintains these systems, they may not automatically bear responsibility for resulting damage to private property. The key factor often lies in whether the association was negligent in its maintenance duties.
For instance, if an irrigation system causes flooding, the HOA’s liability typically depends on whether they maintained the system properly and responded promptly to known issues. Regular maintenance and timely repairs usually protect the association from liability, unless negligence can be demonstrated. However, homeowners should carefully review their insurance policies, as certain types of water damage may be excluded from coverage.
Pest Control and Termite Treatment
Pest control, particularly termite treatment, often raises questions about responsibility in connected housing units. While shared walls might suggest shared responsibility, the obligation for termite treatment typically falls to individual owners unless specifically assigned to the HOA in the governing documents. Even if an HOA previously provided termite treatment, they generally maintain the right to discontinue this service unless it is explicitly required by the covenants.
Common Areas of Confusion
Several maintenance areas consistently generate questions about responsibility:
- Foundation maintenance and structural repairs
- Underground utility lines within lot boundaries
- Exterior caulking and painting
- Replacement versus repair of exterior components
- Damage from shared systems or infrastructure
Clear communication and detailed documentation help prevent misunderstandings about these responsibilities. Many associations find it beneficial to create detailed maintenance responsibility charts that specify exactly which party handles each component of the property.
Navigate Complex Maintenance Responsibility Issues
Understanding your community’s specific maintenance obligations helps prevent disputes and ensures proper care of both individual units and common areas. When questions arise, always consult your community’s governing documents and seek professional guidance.
Need help clarifying maintenance responsibilities in your community? Contact Community Association Management online or call us at 888-565-1226 to learn more about our comprehensive management solutions for HOAs.
The content on this website is provided without any warranty and does not constitute legal advice. For legal advice specific to your community or issue, please consult an attorney specializing in Association Management.
