Most governing bodies also don't take complaints unless they are specific to their jurisdiction or have evidence to back up their claims. If a homeowner suspects their HOA is doing something illegal, it is best to report it to local authorities. Other than that, homeowners may need to seek advice from a lawyer.
The association is responsible for the maintenance and replacement of all general common elements, and in the case of condos, there are many. General common elements, which are used by every unit owner, include sidewalks, elevators, roofs, lobbies and common hallways, and community amenities like pools.
The HOA typically covers structural damage to common areas and shared structures, such as exterior walls and foundations. However, the responsibility for structural damage within individual units may vary depending on the governing documents and the cause of the damage.
However, maintaining structural elements is typically the responsibility of the condo association. While insurance may come into play, it's worth noting that a condo association may require a special assessment in order to fix structural damage. In this case, the condo owners are collectively paying for the repair.
The short answer to this common questions is: Maybe. In general, California's HOA laws protect volunteer board members from personal liability.
Building Exterior: Repairs to the building's exterior, including roofing, siding, and gutters, are typically the responsibility of the condo association. These elements are considered common property, and their maintenance is crucial for the overall safety and aesthetics of the building.
The inium bylaws govern the structure and operation of the association. They contain information regarding board meetings, elections, board terms, voting procedures, and the like. The bylaws are more about the management of the association than the rules that govern it and its members.
Building Exterior: Repairs to the building's exterior, including roofing, siding, and gutters, are typically the responsibility of the condo association. These elements are considered common property, and their maintenance is crucial for the overall safety and aesthetics of the building.
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
Negligence occurs when an HOA fails to meet its standard of care in managing and maintaining the community, potentially leading to property damage, decreased home values, and safety risks.