
Failure to Repair: What your HOA actually owes you, the STRIKE framework, and when to lawyer up
We revisited failure to repair on the pod this week as part of the dispute series, and the breakdown was tight enough to be worth sharing here. Posting because this is probably the single most common HOA problem we hear about, and most homeowners don't realize how much leverage they actually have once a board has been put on notice.
What the HOA actually owes you
Boards have an affirmative duty to inspect, maintain, and repair — not just respond when something gets reported. "We didn't know" is generally not a defense if a reasonable inspection would have caught it.
Three buckets of responsibility:
- Common areas — roofs in condos, pools, hallways, elevators, drainage systems, security gates, exterior walls, landscaping. Board's responsibility.
- Exclusive use common areas — patios, balconies, assigned parking. You have exclusive use, but structural maintenance generally falls on the association. The CC&Rs may split surface vs. structure (homeowner does surface, association does structure).
- Separate interests — interior of your unit. Your responsibility. Important condo carveout: pipes inside the walls are generally common area, even though they run through your unit.
Where Davis-Stirling fills the gaps (California)
If your CC&Rs are silent or ambiguous on a maintenance question, the Davis-Stirling Act (Cal. Civ. Code §§ 4000–6150) fills in. CC&Rs that conflict with Davis-Stirling are unenforceable on those points. Same logic applies when state law changes — ADUs, drought-tolerant landscaping, solar — older CC&R provisions covering those areas may be void.
Fiduciary duty is the heavy hammer
Board members owe homeowners a fiduciary duty, which is a heightened standard of care above ordinary negligence. Common patterns that may breach it:
- Deferred maintenance with reserves sitting unused. If the reserve study identifies the repair and the money is there, doing nothing is hard to defend.
- Selective repair. Clubhouse roof gets fixed day one, building three waits two years. Or the landscaping around the president's home looks pristine while everything else falls apart. Preferential treatment is typically a fiduciary problem.
- The "we hired a contractor" dodge. Under agency theory, a negligent contractor's failure generally flows back to the board. Real example from the pod: roofers opened a hole, didn't tarp it before an atmospheric river hit, and 20 units got destroyed. The board does not get to hide behind "the roofer messed up."
The STRIKE method
A framework for pushing this forward, ideally without a lawyer:
- S — Stay calm. Every email may be read as evidence later. Justified rage in all caps still optically hurts you.
- T — Track everything. Dates, photos, video, written notices. Memorialize verbal conversations: "This confirms our conversation on [date]. If anything is inaccurate, please respond in writing."
- R — Record and organize. Build a damage timeline. Get independent repair estimates — don't rely on the board's contractor. Photograph areas the board did repair. That's how you build the case for selective treatment.
- I — Invest in knowledge. Read your CC&Rs. Find the maintenance responsibility section or matrix. Check the reserve study. If your CC&Rs are silent, Davis-Stirling is your fallback.
- K — Keep it precise. Don't write "you're letting my house fall apart." Write: "Per CC&R § 7.2, the association is responsible for [element]. I provided written notice on [date]. As of today no repair has been initiated. This may constitute breach of the governing documents and a violation of fiduciary duty."
- E — Escalate only if necessary. In California that often means IDR (Informal Dispute Resolution under Davis-Stirling) before bringing in counsel. IDR works well when there's an information gap. Skip it if you already know the board is going to rage-bait you instead of negotiate.
The independent professional report is the multiplier
A homeowner saying "the water is coming from a common area pipe" generally carries little weight. A licensed water intrusion or plumbing professional saying the same thing in a written report carries real weight. You don't need destructive testing on day one — even a preliminary written opinion based on observation moves the conversation. Bonus: a qualified professional can also quantify the damages, which strengthens the claim later.
When it's time to talk to a lawyer
- Active property damage getting worse (water intrusion, mold, structural)
- Board denying responsibility despite clear CC&R language
- Written notice + repeated follow-ups + still no action
- Health/safety risk (mold, electrical, structural instability) — get out first, deal with it after
- Reserves earmarked for the repair, board still won't act
- The HOA's attorney sent you a letter — at minimum consult one of your own
- A special assessment that looks like deferred maintenance being passed back to homeowners