![]() ![]() Oftentimes, if an owner does not perform proper lot and home maintenance to the standard outlined in the governing documents, the association may pursue legal action to require the owner to perform the needed maintenance. In these situations, the question is not who is responsible for maintenance, but rather, how will the association force an owner to perform lot maintenance. Additionally, in certain circumstances, the association’s governing documents will allow the association to enter onto an owner’s lot to perform maintenance if not performed by the owner, which is a process called “self-help”. ![]() Most often, issues arise when an owner has not properly maintained his or her lot, and the association requests that the owner to perform proper lot and home maintenance to preserve the aesthetic appearance of the community. The association owns the common area lots and is responsible for the maintenance, care, and insurance of the same. The owners own their lots and homes and are responsible for all maintenance of the same. The Declaration should also outline what responsibilities owners have to provide maintenance.įor typical single-family home subdivisions, questions of maintenance will often be straightforward. Importantly, the Declaration should describe and define what constitutes the common area and what maintenance duties the association has for the common area. The Declaration is the main governing document on file with the county recorder that establishes the association, sets forth certain covenants and restrictions, such as an owner’s obligation to pay assessments, and contains provisions that define the association and the owners’ responsibilities. In any type of community, whether a condominium, townhome community, or single-family home subdivision, the Declaration of Covenants is the first place to look when attempting to determine the maintenance responsibilities of the association and the owners. However, defining what constitutes the common area, what constitutes part of the common area for purposes of maintenance only, and what constitutes the home or the unit often becomes an exercise in literary analysis and interpretation. In a simple sense, a community association is formed for the purpose of maintaining the common areas within the community, while the owners are responsible for maintaining their own homes or units. ![]() Whether the roof is leaking, a water line is busted, or a window needs to be cleaned, questions of who provides maintenance in a community governed by a homeowners association arise regularly. Frequently, a Board member or property manager of an Indiana community association asks me, “Who is responsible to provide repair and maintenance in this situation?” ![]()
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