HOA Ignoring Common Areas? Here’s Your Action Plan

If your HOA is neglecting common areas, your first step is to formally document the specific issues and report them in writing to the HOA board or management company. This creates a necessary paper trail and officially puts the problem on their radar.

What happens if they ignore your written complaint? This is a very common follow-up question. The good news is you are not powerless. Your next steps can include rallying support from fellow homeowners, sending a demand letter, or even exploring legal options. Persistence and a clear, documented strategy are your greatest assets.

This guide walks you through that exact strategy, step-by-step. We’ll cover how to build a strong case, communicate effectively with your board, and escalate the matter safely and legally if needed. You’ll learn how to leverage your homeowner rights to transform neglected spaces into well-maintained community assets.

Understand HOA Responsibilities and Homeowner Rights

Knowing exactly what your HOA is supposed to manage is your first line of defense. You cannot effectively argue your case without a firm grasp of the rules that bind both you and the association. This knowledge transforms a vague complaint into a specific, actionable request.

Key HOA Governing Documents

Your HOA operates based on a set of core documents that function as its constitution and laws. You have a legal right to access these, including HOA bylaws.

• CC&Rs (Covenants, Conditions, and Restrictions): This is the most critical document. It legally defines the common areas the HOA must maintain, repair, and replace.
• Bylaws: These outline how the HOA board operates, including meeting schedules, voting procedures, and how to bring homeowner concerns forward.
• Articles of Incorporation: This document legally establishes the HOA as a corporation within your state.
• Rules and Regulations: These are the more specific day-to-day rules about things like noise, pets, and architectural standards, which are often easier for the board to amend.

State Laws and HOA Compliance

HOAs are not above the law. They must comply with state statutes, which often provide powerful protections for homeowners. If harassment occurs, homeowners have avenues to challenge it, including filing complaints with state agencies or pursuing legal remedies. Knowing your rights can help you push back against improper HOA conduct.

• Many states have specific laws, often called “Common Interest Ownership Acts” or similar, that mandate minimum maintenance standards for common areas.
• These laws frequently require the HOA to provide a detailed annual budget and maintain adequate reserve funds for major repairs.
• State law typically grants you the right to inspect HOA financial records and meeting minutes, which can reveal if funds are being misallocated.

Familiarizing yourself with your state’s specific HOA laws arms you with undeniable legal backing for your requests. It’s also important to understand that HOA powers are not unlimited—there are legal limits set by state statutes, the HOA’s covenants, and due process requirements. Recognizing these boundaries helps you determine what the HOA can legitimately require and where challenges may be appropriate.

Document the Neglect Thoroughly

Vague complaints get vague responses. Concrete evidence gets results. Your goal is to build an undeniable, time-stamped record of the deteriorating conditions. This creates a clear timeline of neglect that is difficult for the board to ignore or dispute.

Evidence Collection Methods

• Date-Stamped Photographs and Videos: Take clear, wide-angle and close-up photos of the same problem areas every week or after significant weather events.
• Written Log: Keep a dedicated notebook or digital file noting the date, time, specific issue, and location of every observed problem.
• Witness Statements: Have neighbors who are also concerned write and sign brief statements describing the neglect they have witnessed.
• Professional Opinions: If safety is a concern, such as with a damaged playground or crumbling stairs, get a written quote or assessment from a licensed contractor.

A comprehensive collection of photos, logs, and statements turns your personal observation into objective fact.

Sample Documentation Template

Using a consistent format makes your documentation look professional and easy to follow.

Date	Location of Issue	Description of Neglect	Photo/Video File Name	Safety Concern? (Y/N)
10/26/2023	Community Pool Gate – North Side	Gate latch is broken, will not fully close. Creates a significant safety hazard.	pool_gate_102623.jpg	Y
11/05/2023	East Parking Lot – Light Post #7	Light is completely out, area is pitch black at night.	light_post7_110523.jpg	Y
11/15/2023	Central Lawn Sprinklers	Zone 3 sprinkler head is broken, gushing water and creating a large mud patch.	sprinkler_leak_111523.mov	N

Communicate with the HOA Board Effectively

How you present your documented evidence is just as important as the evidence itself. Approaching the board with a respectful, solution-oriented demeanor dramatically increases your chances of a positive outcome. Hostility often makes boards defensive and less cooperative.

Drafting a Formal Notice

Your first written communication should be polite, precise, and sent in a way that provides proof of delivery.

• Address the letter to the “HOA Board of Directors” and send it via certified mail or email with a read receipt.
• Clearly state the purpose of your letter in the first paragraph (e.g., “I am writing to formally report ongoing maintenance neglect in the common areas.”).
• Attach your documentation table and a selection of the most compelling photos.
• Politely cite the specific section of the CC&Rs that outlines the HOA’s maintenance obligations.
• End by requesting a specific action and timeline for a response, such as, “I request that this issue be added to the agenda for the next board meeting and look forward to hearing the planned resolution by [Date].”

A formal, well-drafted notice demonstrates that you are serious, organized, and expect a formal response.

Board Meeting Protocols

If your letter doesn’t get a sufficient response, the next step is to address the board directly at a meeting.

• Review the bylaws to understand the procedure for homeowners to speak, often called a “forum” or “open session.”
• Submit a request to be on the agenda ahead of time, if required.
• Prepare a brief, 2-3 minute statement summarizing the issue, your documentation, and the specific CC&R violation.
• Bring multiple copies of your documentation packet to hand to each board member.
• Remain calm and factual, even if challenged. Ask direct questions like, “What is the board’s plan and timeline for repairing the pool gate?”

Speaking at a meeting forces the board to address the issue publicly and creates an official record in the meeting minutes.

Escalate Through Mediation and Legal Channels

Mediation and Dispute Resolution

When direct communication fails, formal dispute resolution is your next logical step. Mediation involves a neutral third party who helps you and the HOA board negotiate a mutually acceptable solution. This process is often less expensive and confrontational than a lawsuit. Understanding the steps in the HOA dispute resolution process can help you prepare. Here’s a quick overview of what to expect.

Check your governing documents for a mandatory dispute resolution clause. Many HOAs require mediation before any legal action can proceed. You can find a qualified mediator through community mediation centers or state bar associations.

Here is a typical mediation process:

1. Formally request mediation from the HOA board in writing.
2. Jointly select and agree to share the cost of a mediator.
3. Prepare your case with photos, correspondence, and cost estimates for repairs.
4. Attend the mediation session with an open mind to find common ground.

The primary benefit of mediation is that it preserves community relationships while still addressing the neglect. Any agreement you reach becomes a legally binding contract that compels the board to act.

Legal Actions and State Complaints

If mediation does not yield results, you may need to explore legal avenues. Your first legal step is often to file a complaint with your state’s real estate commission or department of consumer affairs. Many states have specific agencies that oversee HOAs and can investigate your claims. This is especially important when you’re navigating property disputes with your homeowners association.

Filing a state complaint officially documents the board’s failure to maintain common areas. This creates a paper trail and can trigger an audit or formal inquiry into the HOA’s operations. To address common HOA bylaw violations, follow the board’s established enforcement process: document the violation, issue a formal notice, and set a deadline for corrective action. If violations persist, escalate through the HOA’s dispute resolution or legal channels.

Consider these legal options if state intervention is insufficient:

• Small Claims Court: Ideal for recovering personal losses, like a property value decrease you can document.
• Hiring an Attorney: A lawyer specializing in HOA law can send a demand letter or file a lawsuit for breach of fiduciary duty.
• Withholding Dues: This is a high-risk tactic that can lead to liens or foreclosure; always consult an attorney first.

Legal action should be a last resort due to the significant cost and potential for community discord. A strongly worded attorney’s letter, however, can sometimes prompt immediate action from a negligent board.

Rally Support from Other Homeowners

Building a Homeowner Coalition

You are almost certainly not the only one frustrated by the neglect. Building a coalition of concerned homeowners gives you a much stronger voice and more leverage with the board. A group complaint is harder to ignore than a single voice.

Start by talking to your neighbors casually. Mention the specific issues you’ve observed and gauge their concern. You will quickly identify others who share your frustration.

Use these methods to organize your coalition effectively:

• Create an email list or private social media group for coordinated communication.
• Gather documentation together, like a shared photo folder of the neglected areas.
• Pool resources to cover potential costs for professional consultations or mailings.

A unified group of homeowners presents a credible threat to the board’s authority and can demand accountability. The more people you have, the more your concerns reflect the entire community’s will.

Presenting a Collective Proposal

Once your coalition is formed, you must present a united front with a clear, solution-oriented proposal. Schedule a dedicated time during an open board meeting to present your collective findings and requests. Submit your proposal in writing to the board beforehand so they can prepare a response.

Your proposal should be professional, factual, and constructive. Avoid emotional accusations and focus on the solutions.

A strong collective proposal includes these elements:

1. A clear list of the specific common areas in disrepair, supported by photos and videos.
2. Quotes from contractors for the required maintenance or repairs.
3. A suggested timeline for the work to be completed.
4. A request for a detailed explanation of the HOA’s plan and budget for the repairs.

Coming to the board with prepared solutions makes it easier for them to say “yes” and demonstrates your group’s serious commitment. This collaborative approach often leads to faster, more satisfactory results for everyone involved.

Improve HOA Governance and Prevent Future Neglect

Solving a single maintenance issue is a temporary fix if the underlying system remains broken. Long-term change requires strengthening the HOA’s foundational policies to stop problems before they start. When the HOA fails to perform required maintenance, small issues can escalate into costly, broader damage. This proactive approach protects your property value and your peace of mind for years to come.

Reserve Studies and Financial Oversight

A neglected common area is often a symptom of a neglected budget. Many HOAs operate with inadequate funds because they fail to plan for major future repairs. A professional reserve study is your most powerful tool for ensuring the HOA can afford upcoming projects. This detailed report estimates the remaining useful life and replacement cost of major components like roofs, pools, and pavement. HOAs should conduct a reserve study on a regular schedule—typically every 1-3 years and after major capital events. Regular updates help ensure the association can fund future repairs and avoid surprise assessments.

You can champion this cause by taking these steps at your next board meeting.

• Formally request to see the current reserve study and the annual budget.
• Propose a motion to commission a new reserve study if the existing one is over three years old.
• Advocate for funding the reserves at 70% or more of the study’s recommended level.
• Ask for a clear, multi-year plan outlining how the HOA will reach full funding.

Without a fully funded reserve, the board will be forced to issue special assessments for every major repair. Consistent, planned funding through your regular dues is far less painful than a surprise $5,000 bill. A healthy reserve fund is the best defense against deferred maintenance and declining property values.

Contractor Bidding and Maintenance Scheduling

Poor contractor selection and haphazard scheduling are primary drivers of common area neglect. A transparent, competitive process ensures the HOA gets quality work at a fair price. Insist that the board adopt a formal policy for obtaining multiple bids on all projects exceeding a set dollar amount. A common threshold is any single project costing more than $2,500 or 5% of the annual budget.

A robust bidding process involves several key stages.

1. The board creates a detailed scope of work describing exactly what needs to be done.
2. They solicit bids from at least three licensed and insured contractors.
3. All bids are reviewed publicly, with the final selection based on criteria like cost, timeline, and past performance.
4. The winning bid and signed contract are made available to all homeowners.

Beyond individual projects, the board must implement a preventative maintenance schedule. A published calendar for recurring tasks like landscaping, pool servicing, and building inspections creates accountability. This schedule should be shared with all residents so everyone can see what work is planned and when. When maintenance is predictable and planned, emergencies become rare, and common areas stay in excellent condition year-round.

Quick Answers

How can I verify what common areas my HOA is legally required to maintain?

Your HOA’s Covenants, Conditions, and Restrictions (CC&Rs) legally define the common areas the association must maintain. You have a legal right to request and review a copy of the CC&Rs from the HOA board or management company.

What kind of evidence is most effective when documenting neglect?

Clear, date-stamped photographs and a detailed written log of the issues are the most powerful forms of evidence. A comprehensive collection of photos, logs, and even witness statements turns your personal observation into objective fact.

What should I do if the HOA board ignores my formal written complaint?

If your written complaint is ignored, your next step is to rally support from other homeowners and formally address the board at its next meeting. Speaking at a meeting forces the board to address the issue publicly and creates an official record in the meeting minutes.

Are there any precautions I should take before considering legal action against my HOA?

Before any legal action, you should first check your governing documents for a mandatory mediation clause and attempt that process. Legal action should be a last resort due to the significant cost and potential for community discord.

Your Voice Matters in HOA Decisions

Taking action begins with clear documentation and respectful communication with your HOA board. If progress stalls, you have the power to escalate through formal channels and collaborate with fellow homeowners to ensure your community’s common areas receive the care they deserve.

Further Reading & Sources

• What to Do if Your HOA Common Areas are not Maintained – Homeowners Protection Bureau, LLC
• What Owners Can Do If HOA Common Areas Are Not Maintained
• Why California HOAs Are Legally Required to Maintain Common Areas and What Happens When They Don’t | MBK CHAPMAN PC
• When HOAs Fail to Maintain Common Areas | Wilmington Personal Injury Lawyer Law Office of Bradley Coxe