One of the perks of living in a common interest development is that maintenance, repair, and replacement responsibilities for various components are divided between the association and the owners. This means that the expense of maintaining, repairing, and replacing some components are shared across the entire community (or a portion of the community, depending on what your governing documents provide) while the expense of maintaining, repairing, and replacing other components are borne by the individual owners. These responsibilities can also be split up so that specific maintenance and repair items are the responsibility of the owners while replacement of the item is the responsibility of the association. Sharing the cost burden of common components can help to ensure that the community is maintained at more uniform level. However, maintenance, repair, and replacement responsibilities are not one size fits all and vary widely from community to community.
So, how can the board and management know who is responsible for what?
The particulars are found in the community’s governing documents which include condominium plans, tract maps, CC&Rs, articles of incorporation, bylaws, and operating rules, regulations, policies, and resolutions. There are also statutory defaults found in the law for maintenance, repair, and replacement responsibilities which can be found in Civil Code section 4775, but it is important to note that these statutory defaults do not apply if the CC&Rs provide for a different breakdown of responsibility.
The board and management can review each situation on a case-by-case basis when a determination needs to be made on responsibility. This will involve reviewing the governing documents for each component as issues arise and may require consultation with the association’s counsel if the documents are ambiguous. There are two main problems with this approach. First, these questions often pop up during emergencies and answers need to be ascertained quickly which can lead to unnecessary stress for the board and management. Second, this can mean that the owners do not understand what their responsibilities are.
Alternatively, if an association has planned ahead, the association’s board and management can turn to their handy dandy maintenance matrix! A maintenance matrix is a compilation of the maintenance, repair, and replacement responsibilities in a clear and concise chart which depicts the specific assignments for each component. A maintenance matrix is prepared by reviewing all of the governing documents and the statutory defaults in advance so that it can be referred to when questions arise about responsibilities.
Adopting a maintenance matrix is one of the most effective ways of ensuring that owners, the board, and management understand who is responsible for each component. Consultation with legal counsel during the process of preparing a maintenance matrix is crucial to help avoid any potential errors in the matrix which can lead to liability. Carefully examining inconsistencies and discrepancies up front can save the association time and money down the road.
Maintenance matrices may be adopted as an operating rule in accordance with Civil Code section 4360 or can be adopted as part of the CC&Rs through an amendment or restatement. The benefit of adopting a maintenance matrix as a rule is that the maintenance matrix can be adopted by the board at an open meeting after considering any comments made by the membership during the membership’s twenty-eight (28) day comment period. There is no need for a membership vote if the matrix is adopted as an operating rule.
However, the board may not use a maintenance matrix that it has adopted as an operating rule to make any changes to the maintenance allocation that conflicts with the CC&Rs. You cannot use it as a wish list. Civil Code section 4205 establishes the statutory hierarchy of governing documents of common interest developments – law, condominium plans/tract maps, CC&Rs, articles of incorporation, bylaws, and operating rules, regulations, policies, and resolutions. If there is a conflict between the CC&Rs and one of the sources below the CC&Rs in the hierarchy, the CC&Rs will prevail. If the maintenance matrix is adopted as an operating rule, it cannot be used to override the CC&Rs given this statutory hierarchy.
Adopting a maintenance matrix as an amendment to the CC&Rs or as part of a restatement of the CC&Rs will allow the association to make changes to the maintenance, repair, and replacement responsibilities. Amendments to the CC&Rs and restatements of the CC&Rs require membership approval – often the approval of a supermajority – which sometimes can be difficult to achieve given membership apathy. However, adopting a maintenance matrix through an amendment to the CC&Rs or restatement of the CC&Rs is the best method.
Once a maintenance matrix is adopted or approved by the Board (or the membership, depending on whether a membership vote is required), it can be used by owners, the board, and management to determine maintenance, repair, and replacement responsibilities and can essentially serve as the association’s cheat sheet.
If your association is considering creating a maintenance matrix, your board should contact your association’s legal counsel for assistance in preparing or reviewing the matrix prior to implementation.