# California Condo Roof Repair: Who Pays, HOA or Owner? | Who Pays the Repair?

> In a California condo the roof is common area, so the HOA repairs and replaces it under Civil Code 4775 unless the CC&Rs assign that duty to owners.

**Who pays:** shared

In a California condo, the HOA pays for roof repairs by default, the roof is common area under the Davis-Stirling Act, and the association must repair, replace and maintain it unless your CC&Rs say otherwise.

**Boundary:** A condo roof is part of the common area. Under Civil Code § 4775(a) the association is responsible for repairing, replacing, and maintaining the common area, while each owner is responsible only for their separate interest (the unit). This is a statutory default that the recorded declaration (CC&Rs) can reassign.

**Property owner:** Maintain the interior separate interest (the unit) and pay the regular/special assessments that fund common-area work. An owner whose negligence caused roof damage can be charged back.

**City / agency:** The association repairs, replaces and maintains the roof and other common area as a common expense. Per Civil Code § 4775: "the association is responsible for repairing, replacing, and maintaining the common area."

**Exceptions:** The CC&Rs (declaration) can shift a maintenance or replacement duty to owners; Owner-negligence damage can create a chargeback to that owner

## Sources
- [California Civil Code § 4775](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4775&lawCode=CIV) — "the association is responsible for repairing, replacing, and maintaining the common area. ... Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest." (accessed 2026-09-27)
- [Davis-Stirling Act: Maintenance Responsibility (explainer)](https://www.davis-stirling.com/HOME/Maintenance-Responsibility) (accessed 2026-09-11)
- [California Civil Code § 5725: Liens for Reimbursement Assessments, Monetary Penalties; Limitations](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=5725) — "A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities caused by a member or the member’s guest or tenant may become a lien against the member’s separate interest" (accessed 2026-09-27)

_Last verified 2026-09-11. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/california-condo-who-pays-roof-repair/ — every claim checked against a primary source before publication (see /methodology/)._