Negligence in maintenance is one of the fastest ways an HOA or condo association can land itself in trouble. The truth is, associations are supposed to keep their communities in good condition, but when they don’t, the results are almost always negative. At the end of the day, homeowners will notice, and if the board keeps ignoring problems, lawsuits usually follow.
What is Negligence in Maintenance?
Homeowners associations are designed to manage and protect communities. They have rules to keep things in order, and they also have responsibilities when it comes to common areas.
Common areas are the shared spaces in a neighborhood or building, such as pools, gyms, sidewalks, parks, and roads. These spaces belong to everyone in the community, which means the association must take care of them.
This obligation does not come out of thin air. It comes from state laws and from the association’s governing documents. Governing documents like the CC&Rs, bylaws, and articles of incorporation outline what the HOA must do. State statutes may also require associations to maintain the property.
Board members are the ones who make sure these duties are fulfilled. They may not do the work themselves, but they are responsible for hiring professionals and vendors. Vendors handle the regular inspections, the upkeep, and the repairs. The board oversees everything to make sure the job gets done.
This is not only true for HOAs. Condominium associations also have to maintain common elements, like lobbies, stairwells, elevators, and roofs. When the board ignores these elements, it impacts every unit owner.
So, what exactly is negligence in maintenance? Negligence occurs when the association fails to take reasonable steps to care for the property. This includes not scheduling inspections, ignoring complaints, delaying repairs, or hiring unqualified vendors. In other words, negligence is failing to act when any reasonable board would have acted.
What is the HOA Board Duty of Care?
The duty of care is one of the key legal responsibilities that HOA board members carry. It requires them to act in good faith, reasonably, and in the best interests of the community. The duty of care applies even though board members are volunteers.
When it comes to maintenance, the duty of care means boards must make sure common areas are safe, clean, and functional. Examples of fulfilling this duty include:
- Conducting inspections of common facilities
- Hiring licensed contractors for big repairs
- Keeping accurate records of all maintenance work
- Responding quickly to safety concerns from homeowners
- Using association funds wisely to keep amenities in good shape
Failing to do these things is risky. For instance, if the board knows a playground swing set is broken but does nothing, that is a breach of the duty of care. If someone later gets injured, the HOA may be liable. This is precisely how claims of negligence in maintenance begin.
What Happens When There is Negligence in Maintaining Common Areas?
Negligence in maintenance is not something that goes unnoticed. Problems can spread and multiply when boards ignore their duties. Here are three of the most common results.
1. Deterioration
Neglected property will deteriorate even faster than normal. This deterioration isn’t just about broken sidewalks or run-down landscaping. It also affects curb appeal, community reputation, and property values.
When common areas look bad, homeowners get frustrated, and buyers lose interest. Over time, dissatisfaction rises, and the community suffers.
2. Accidents
Accidents are another direct result of poor maintenance. Cracked pavement, slippery surfaces, or broken equipment all create safety hazards. When people get hurt, the HOA may be held responsible. Even minor injuries can become costly if the association is found negligent.
3. Legal Liability
Negligence often leads to lawsuits. Homeowners can sue the HOA, and in some cases, even board members personally. Maintenance negligence can constitute a breach of fiduciary duty, which board members may be found personally liable for under Section 82.103 of the Texas Uniform Condominium Act.
A common type of lawsuit is a premises liability case, which holds property owners responsible for injuries caused by unsafe conditions. These cases can cost thousands of dollars, harm the association’s reputation, and cause long-term division among neighbors.
How to Avoid Negligence in HOA Maintenance
Associations can prevent maintenance negligence with proactive steps. Boards that act early and consistently can protect both the community and themselves from lawsuits.
Here’s how to avoid negligence in the maintenance of common areas.
1. Perform Consistent Inspections
Inspections must be done regularly. Skipping inspections is one of the most evident signs of negligence in maintenance. Problems are easier to handle when caught early. Consistency matters, and boards must make it a habit.
2. Use Proper Documentation
Keeping records is essential. Without documentation, the board can’t prove it met its duty of care. Inspection logs, repair receipts, and contractor invoices all serve as evidence that the HOA did its job.
3. Stick to a Maintenance Schedule
Every HOA should have a maintenance schedule. This schedule should cover everything from weekly tasks to yearly projects. Following the schedule reduces the risk of negligence in maintenance. Skipping scheduled work can only lead to bigger expenses later.
4. Hire the Right Vendors
Boards must hire qualified, insured, and reliable vendors. Choosing the wrong contractor may save money in the short term, but it can result in poor work and liability. If a vendor cuts corners, the HOA is still responsible. Hiring unqualified vendors is another form of negligence in maintenance.
5. Listen to Homeowners
Homeowners often see problems before anyone else does. Boards should have a clear system for complaints and maintenance requests. This could be an online form, an email address, or a service hotline. When residents bring up issues, boards need to act. Ignoring complaints is one of the fastest ways to prove negligence in maintenance.
6. Obtain Adequate Insurance
Insurance is not a substitute for maintenance, but it provides protection when accidents or disasters happen. Associations should make sure their insurance covers equipment failures, natural disasters, and liability claims. Adequate coverage helps the community recover financially when things go wrong.
7. Rely on an HOA Manager
Many boards don’t have the time or expertise to handle maintenance properly. An HOA manager can fill that gap. Managers coordinate vendors, track maintenance schedules, and handle service requests. With professional help, boards are less likely to overlook critical maintenance needs.
Consistency Matters
Negligence in maintenance is a problem that no HOA or condo board should ignore. Failing to care for common areas can lead to deterioration, accidents, and legal liability. At the end of the day, consistent maintenance is the only way to prevent negligence and the lawsuits that come with it.
Preferred Association Management Company offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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