April 3, 2026
HOA Won't Fix Common Area: What Homeowners Can Do
When your HOA won't fix common area problems, you have options. Learn what steps to take when your association ignores maintenance responsibilities.
You pay HOA dues every month. The pool is cracked, the parking lot is full of potholes, and the landscaping looks like it hasn't been touched in months. You've complained, and nothing has happened. If your HOA won't fix common area problems, you are not powerless. There are concrete steps you can take to hold your association accountable.
HOA Won't Fix Common Area: Understanding the Association's Legal Duty
An HOA's primary obligation is to maintain and repair common areas. This duty is not optional. It is written into the governing documents, typically the CC&Rs and bylaws, and is backed by state law in most jurisdictions.
Common areas typically include swimming pools, clubhouses, parking lots, sidewalks within the community, landscaping, playgrounds, and shared fencing. When the HOA collects dues and fails to maintain these areas, it is not just bad management. It may be a breach of fiduciary duty by the board members responsible for overseeing the community's finances and operations.
Understanding this legal foundation is important before you take action, because it means you have standing to demand repairs, not just request them.
Why HOAs Ignore Common Area Maintenance
Before assuming bad faith, it helps to understand why your HOA may be dragging its feet. Common reasons include underfunded reserve accounts, disputes among board members about priorities, difficulty finding contractors, or simply poor management.
Some HOAs are genuinely short on funds because dues were set too low for years, or because the reserve study was ignored. In these cases, repairs may require a special assessment or a dues increase before they can happen.
Other times, the board is simply unresponsive or disorganized. Board members are often volunteers with no professional property management training. That does not excuse neglect, but it does explain it.
And in some cases, the board is aware of the problem but is hoping homeowners will stop asking. This is where documentation and formal pressure become essential.
Step One: Document Everything
Before you escalate, build your record. Take dated photos and videos of the problem. Note when you first reported it and to whom. Save any emails, texts, or written notices you have sent or received.
If you made verbal complaints, follow them up in writing immediately. Send an email to the board or property manager summarizing what you reported and when. This creates a paper trail that will be critical if you need to escalate later.
Documentation protects you and applies pressure. A board that knows you are keeping records tends to respond faster than one dealing with informal complaints.
Step Two: Submit a Formal Written Request
If informal complaints have gone nowhere, send a formal written request for repair. Address it to the board president and property manager by name. State the specific problem, the location, the date you first reported it, and the impact it is having on residents.
Request a written response within a specific timeframe, typically 14 to 30 days. Keep a copy of everything you send.
A formal written request is harder to ignore than a verbal complaint, and it signals that you are prepared to take further action if necessary.
Step Three: Attend Board Meetings and Speak Up
HOA board meetings are open to homeowners in most states. Attend the next meeting and raise the common area issue during the homeowner comment period. Bring your documentation. Ask the board directly what the timeline is for repairs and what is preventing them from acting.
Speaking at a board meeting puts your concern on the official record. It also shows other homeowners that the issue exists, which can build community pressure for action.
If you cannot attend in person, many HOAs now allow written comments to be submitted in advance and read into the record.
Step Four: File a Formal Dispute
If the board continues to ignore the problem after your written request and meeting attendance, file a formal dispute. Most HOA governing documents include an internal dispute resolution process. Use it.
Your dispute letter should reference the specific CC&R or bylaw provision that requires the HOA to maintain the area in question. It should document the history of your complaints and the board's failure to respond. It should state what remedy you are seeking and by when.
Many states also have external dispute resolution options, including mediation through a state agency or the ability to file a complaint with a homeowner association oversight office.
Generate your HOA dispute letter now
When to Consider Legal Action
If all internal options have been exhausted and the HOA still refuses to act, legal action may be appropriate. Homeowners have successfully sued HOAs for breach of the CC&Rs and breach of fiduciary duty in cases involving prolonged neglect of common areas.
Before going that route, consult with a licensed attorney who handles HOA disputes in your state. Many offer free initial consultations and can help you assess whether litigation makes sense given the scope of the problem and the cost involved.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.