Question: Our board has a running battle with various unit owners about who is supposed to fix and maintain what. As a result, the board has paid for repairs that were probably the unit owner’s responsibility. How do we get this under control?

Answer: The board should compose and adopt a Maintenance & Insurance Areas of Responsibility Policy which defines responsibilities HOA vs Owner. The idea is to break down the buildings and grounds into component parts and then describe who is responsible. Always review and use the governing documents as a guideline if direction is provided. While the Areas of Responsibility Policy can be subject to interpretation under certain circumstances, it usually provides clear guidance to both the board and unit owners.

Moreover, it provides the board with the basis for consistent handling of maintenance issues. Another benefit is it clarifies for the HOA’s and unit owners’ insurance carriers what things the HOA is responsible for and eliminates claim disputes. This is a “must have” policy in any common wall community. There is a sample of this policy in the Policy Samples section of www.Regenesis.net

The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at rich@regenesis.net