Can an HOA refuse to make a repair to the common area?
Reviewed by the OurHOA team · Updated July 2026
What to do when your HOA board won't fix a common-area hazard or defect - the board's duty to maintain, where discretion ends, and how an owner can force the repair.
The short answer
An HOA generally cannot simply refuse to maintain the common area it is responsible for - keeping shared property in reasonably safe, functional condition is one of the association's core duties. What a board does have is discretion over how and when it makes a repair: whether to patch or replace, which vendor to hire, and how to prioritize a long list against a limited budget. The line to watch is between a legitimate judgment call and outright neglect. A board weighing bids and scheduling work is exercising discretion; a board that ignores a genuine hazard or lets a shared component fail is shirking a duty, and owners have ways to push back.
Where the duty to maintain comes from
The obligation traces to your governing documents and state law. The recorded CC&Rs almost always assign the association responsibility for maintaining, repairing, and replacing the common area, and many statutes set the same default - California Civil Code section 4775, for example, makes the association responsible for the common area unless the declaration says otherwise. On top of that, directors owe the association and its members a fiduciary duty to act in the community's best interests, which includes protecting the common property owners collectively paid for. So a board isn't doing owners a favor by fixing the common area; it is carrying out a duty owed to every member. Our guide on who is responsible for repairs - the HOA or the homeowner covers how that maintenance line is drawn between shared property and your own lot.
Discretion versus neglect - where refusal crosses the line
Boards get real latitude under the business-judgment rule: a court will usually not second-guess a reasonable, good-faith decision made on adequate information, even one an owner disagrees with. Deciding to defer a cosmetic repaint for a year to fund a roof is a judgment call. But that protection has limits. It does not cover a board that ignores a known safety hazard, refuses to maintain a component the documents clearly assign to it, or lets shared infrastructure deteriorate through inaction rather than a considered decision. A 'no' backed by a budget, a bid, and a plan is defensible; a 'no' that is really just silence, favoritism, or a refusal to spend on an obvious danger is where a board loses the benefit of the doubt.
What you can do when the board won't act
Start by putting the problem in writing: describe the hazard or defect, cite the provision that makes it common-area responsibility, and ask for a specific response - our guide on how to get your HOA to fix something walks through building that record. Keep dated copies. If a formal request goes nowhere, escalate: raise it at an open meeting so it lands in the minutes, request the relevant records and reserve study, and organize other affected owners. When those steps fail on a genuine maintenance obligation, an owner can often enforce the covenants directly - California Civil Code section 5975 makes the CC&Rs enforceable by any owner, and many states require the parties to attempt alternative dispute resolution first (California Civil Code section 5930). A suit to compel repair is a last resort, but the credible possibility of one often moves a stalled board.
When 'refusal' is really a money problem
Sometimes a board isn't refusing so much as unable - the reserves are thin, the repair is large, and there is no cash to do it. That is a different problem with different answers. A properly funded association pays for major common-area repairs out of reserves; when reserves fall short, the honest path is a special assessment or a funding plan, not indefinite deferral. If the real obstacle is money, the questions shift to why reserves are inadequate and whether the board is willing to raise the funds it needs - see our guides on HOA special assessments and how to read HOA financials. Chronic 'we can't afford it' on essential safety repairs is itself a governance red flag worth pressing on, because deferred maintenance usually gets more expensive, not less.
How OurHOA helps
Most common-area repair standoffs come down to a record: was the problem reported, what did the board decide, and what was the money situation. OurHOA helps small self-managed communities log maintenance requests, track the board's decisions and timelines, and keep budget and reserve information visible to owners, so a repair is either scheduled and documented or the reason it isn't is out in the open. OurHOA is software for keeping a community organized and accountable, not a law firm - because a board's maintenance duty, its discretion, and an owner's enforcement rights depend on your governing documents and your state's law, confirm what applies to your community before acting.
OurHOA is the friendly, affordable way self-managed communities keep dues, records, and reminders in one place. See how it works.
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.