What obligations do associations have when it comes to common area maintenance?


Associations have an affirmative obliga- tion to repair and replace the common areas under the California Civil Code       - tion may be bound by further restric- tions and/or obligations under their governing documents. Te main duties that a board has in acting as an agent for an association are as follows: (a) Duty to Inspect; (b) Duty to Investigate and (c) Duty to Repair.


Duty to Inspect:


     their attorney regarding what is required of them both under the Code and each individual association’s governing docu- ments. In general, each association must inspect their common areas every three years and have a reserve study prepared in accordance with those inspections. It is imperative that every association know the useful life of their common area components, including but not limited to their amenities.


Duty to Investigate:


Under both the California Civil Code and the California Corporations Code a board has an affirmative duty to inves- tigate common area issues reported by members of the association. Tere has


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  


been quite a bit of talk lately centered       perform these inspections. No matter what the current or new laws say, it is always the best move to have a licensed and bonded company or individual do this work.


It not only ensures that an


accurate evaluation of the reported is- sue is made, but it greatly decreases the liability the association may face. It is important also to remember that these investigations can reveal that the issue is actually not part of the common area maintenance responsibility.


What this


can mean is that what an association originally thought was their responsibil- ity to pay for and repair may actually be an individual homeowner’s duty.


Duty to Repair:


Once an association is made aware of an issue with their common area ameni- ties they are under an affirmative duty to repair the issue. Te Board cannot put their heads in the sand or refuse to ad- dress the issue. Tey may need to close the affected area until it is repaired. Tis may be the result of inadequate reserves


or a recommendation by a retained ex- pert that the area cannot be made safe without repairs.


A Note on Rules


An association should work with coun- sel to carefully draft rules related to their common area amenities. While these rules typically do not wholly eliminate liability, they can greatly decrease the risk of harm. For example, limiting pool access to mi- nors only when accompanied by an adult.


In summary, those of us who live in com- mon area developments love our amenities. Not having the burden of maintenance fall on us as individuals is a great perk to being a member of an association. Te keys for associations is to: (a) keep these areas in a safe condition, (b) investigate homeowner complaints and (c) have a clear set of rules that protect members and guests.


If you are having issues with these ameni- ties always consult your attorney and ask them the best way to approach limiting their liability and staying within the four corners of the law and the association’s governing documents.


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