Q: Can I make repairs to my town home
I have asked my HOA property management company since November to make simple repairs (bad gate) they are responsible of and they still have not done anything. I have made multiple calls and I am about to write them a formal demand letter. Ultimately, can I make the necessary repairs and foot them the bill?
A: It depends on the nature of the HOA agreement and the exact ownership of fixtures and property. You will need to contact a lawyer directly for a full review, but here are the general rules. First, review the HOA agreement. If the HOA agreement does not cover this matter general rule is as follows. A property owner can repair, change or modify their directly owned areas (note: most HOAs have restrictions on outside appearance and some even get specific on the type and color of the blinds in the home). Common areas are usually the exclusive "owned" by the community (i.e. the HOA). Often there are a lot of grey areas. If you are considering repairs and the HOA is vague AND you have tried contacting the HOA, self-repair may be allowed. Often the acceptance is related to the scope of the repair (i.e. it would be unusual for a HOA to be up in arms if you lubricate the hinges, but the HOA would likely object if you decided to remove the gate permanently). In grey areas reasonableness is usually the best approach...
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