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When a Nevada HOA Fails to Make Repairs

A homeowner’s association’s board is generally responsible for maintaining and repairing common areas in its community. The board should be aware of its responsibilities and the consequences of¬†failing to meet them.

What Are an HOA’s Responsibilities for Maintenance and Repair?

An HOA’s responsibilities differ for each community. However, most communities require the Association through its Board of Directors to maintain, repair, and replace common areas. The board’s duty to maintain common areas typically includes the upkeep of common pools and parks, or the repair of a community clubhouse, among other things.

The board’s annual budget should include the anticipated costs to maintain common areas. They should also keep a reserve fund for repairs and replacements depending on the useful life of each common element. The HOA  typically creates its budget based on the periodic dues paid by homeowners. If unexpected repairs require additional funds, the Board may consider a special assessment, requiring homeowners to pay a one-time fee to cover the cost of repairs. 

What if an HOA Fails to Maintain and Repair?

If the HOA and its board fail to maintain and repair common areas, they face several possible consequences. If the board is failing to meet its obligations, homeowners may pursue remedies such as:

  • Removing a board member: If homeowners find that the board’s failure to maintain and repair is due to a board member’s incompetence or non-performance, they can seek the removal of that member.
  • Amending the HOA’s governing documents: The board and homeowners may seek to amend the community’s governing documents if they fail to give the board adequate authority to make necessary repairs. 
  • Suing the HOA:  Homeowners may be able to sue a board member if they believe the HOA’s failure to maintain and repair is due to the member’s breach of fiduciary duty or failure to properly manage the HOA’s finances.  However, there may be pre-litigation requirements that the Homeowner must engage prior to filing suit. 
  • Additional Consequences: If poorly maintained property becomes a nuisance or health risk to surrounding properties or the public, the board may also be cited or fined by city, county, or state officials. 

If the board is aware of needed repairs or maintenance, it can head off homeowner complaints by providing a plan of action and timelines for the repairs. If it becomes clear that the community requires extensive repairs, the board members should make a proactive plan to address any problems as quickly as possible. An HOA lawyer can help the board navigate its obligations to the community.  

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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