Who Pays for Repairs in an HOA or Condo? The Common-Element Rule (and the Two Words That Override It)

In a condo or HOA the association maintains the common areas and you maintain your unit, unless the declaration says otherwise. The verified default rule, the "who maintains is not who pays" trap, and the exact statutes, cited.

Updated: 2026-09-11

Short answer: in a condo or HOA the association is responsible for the common areas and you are responsible for your own unit, unless the governing declaration says otherwise. That last clause is the whole game. The statutory default is simple, but every association can rewrite it in its declaration or CC&Rs, and a roof, a balcony, or a pipe behind a wall can land on either side of the line depending on a document most owners never read until something breaks.

The default rule

Two of the largest condo states write the same rule almost identically. California's Davis-Stirling Act, Civil Code §4775(a)(1):

"Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area."

Florida's Condominium Act, Fla. Stat. §718.113(1), draws the same line and names the exception explicitly:

"Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration."

So the skeleton is: association → common elements; owner → the unit (the "separate interest"); the declaration → the final word. Most states that adopted a version of the Uniform Common Interest Ownership Act follow the same pattern.

The three zones that decide it

  • Common elements, the roof, the structure, the exterior walls, the grounds, shared plumbing and shared systems. Association's job by default.
  • The unit / separate interest, everything inside your walls that serves only you. Yours by default.
  • Limited common elements, the in-between: a balcony, a patio, an assigned parking space, a window, a deck. These serve one unit but sit outside it, and this is exactly the zone the declaration reassigns. Florida's statute above calls it out by name.

The trap: "who maintains" is not always "who pays"

Even when the association is responsible for maintaining a common element, the cost can still come back to owners through a special assessment. If the roof fails and reserves fall short, the association repairs it, then bills every owner their share. So "the association is responsible" answers who arranges the work, not always who ultimately pays for it. Reserve funding is what stands between "covered" and "surprise five-figure assessment," which is why post-2021 laws in several states now force stronger structural reserves and inspections.

Before you assume, read the declaration

The statute is only the default. Your association's declaration (the CC&Rs, or in a condo the "declaration of condominium") can shift maintenance and repair duties in either direction, and it controls. The reliable move is to (1) find the item's zone, (2) read what the declaration says about that zone, and (3) check whether a reserve or a special assessment covers the cost. The answer to "is this me or the HOA?" lives in that document far more often than in a general rule.

By state and repair: the specific answers, with the statute

The default above is the skeleton. Here is how it resolves for the repairs people actually search, each on its own page with the exact code section quoted:

More states are being added issue by issue, see every common-element record on the common-elements hub.

This site documents repair-responsibility rules with the code cited, city by city and issue by issue. Look up your city at the city lookup, or see how the same "who pays" question plays out for public infrastructure in the sidewalk data study and for the pipes to your home in cities where you own the sewer lateral.