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A townhome HOA may maintain shared grounds, facilities, a roof, or other exterior components—but “townhome” does not tell you who is responsible for a particular repair. The recorded declaration and related governing documents, along with applicable state law, define the property and allocate maintenance. Check maintenance duties and insurance separately, and remember that owners fund association work through assessments.
Start with the governing documents, not the building’s appearance
Request the recorded declaration and amendments, bylaws, rules, maintenance schedule or matrix, and any exhibit that classifies property. Look for whether the component is defined as a common element or area, a limited common element, or private property. The classification can affect responsibility, but the documents must also say who maintains, repairs, and replaces it. Utah’s Department of Commerce makes the same practical point in its April 2026 Home Buyer Checklist: classifications matter, and community governing documents spell out the details.
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Do not assume that the party responsible for routine maintenance must also pay for every repair or replacement. Check each duty separately, including whether the allocation changes for owner-caused damage or when an association needs access through a unit to perform assigned work.
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What an HOA may maintain—and what may remain the owner’s duty
There is no universal inside-versus-outside rule. The examples below show how responsibilities can be allocated; they are not a checklist of what every townhome HOA covers.
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| Component | Possible association duty | Possible owner duty |
|---|---|---|
| Common grounds and shared facilities | Often maintained by the association when the governing documents define them as common area or common elements. See the Utah Department of Commerce buyer checklist and Minnesota Attorney General guidance. | Not determined just by who uses or can access the space; check its classification and the governing documents. |
| Roof and exterior paint | One Florida community’s declaration assigns roof repair and replacement and exterior painting to the association. That is an example, not a rule for other communities. See Mezzano HOA governing documents. | Responsibility elsewhere depends on the owner’s own declaration and related documents. |
| Windows, doors, and seals | The Mezzano declaration assigns exterior painting and roof work to the association. | In that same community, owners must keep their unit watertight, including by maintaining caulking around windows, skylights, and doors. Other associations may allocate these duties differently; see the Mezzano declaration. |
| Lot, dwelling, improvements, and serving utility lines | An association may have duties if the declaration assigns them. | In Ohio planned communities, the default in Ohio Revised Code § 5312.08(A), unless the declaration provides otherwise, assigns owners maintenance, repair, and replacement of their lot and improvements, including the dwelling and utility lines serving it. This is an Ohio-specific rule, not a nationwide default: Ohio Revised Code § 5312.08. |
| Landscaping, drives, fences, patios, or limited common areas | May be assigned to the association, depending on classification and the declaration. | May be assigned to the owner, even when an area is shared or used by only one home. Verify the exact classification and duty in the documents. |
Who uses an area, who can reach it, and whether it is outside the walls are not enough to establish responsibility. The documents may divide duties for a single component, as the Florida example does between association roof work and owner-maintained seals.
How to check what applies to your home
- Get the full document set. For a purchase, request the declaration and amendments, bylaws, rules, maintenance schedule or matrix, resale disclosure, current budget, recent financial information, and insurance information.
- Find the exact component. Search the declaration and exhibits for its name and determine whether the component, surrounding land, or building area is common, limited common, or private property.
- Separate maintenance, repair, and replacement. Find the party assigned to each duty and check for exceptions, including owner-caused damage or access requirements.
- Check how future work is funded. Review the operating budget, reserve information, and documents governing assessments for major repairs and replacements.
- Compare insurance separately. Obtain the association’s policy or certificate and compare covered property, limits, and deductible with the declaration and the owner’s policy. Ask who pays the deductible and what covers interior improvements, belongings, liability, and loss of use.
For Minnesota buyers, the Attorney General describes resale information that may include governing documents, a disclosure statement or resale certificate, a financial statement and budget, and certain litigation information. Those are Minnesota-specific details, not a list of requirements for every state. See the Minnesota Attorney General’s consumer guidance.
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Assessments pay for association work
An HOA-maintained component is not cost-free to the owner. Regular assessments fund the association’s operating and long-term maintenance expenses. If ordinary funds are insufficient, the association may levy a special assessment for emergencies, major work, unbudgeted expenses, or underfunded reserves, subject to the governing documents and applicable law. Utah’s buyer checklist and Minnesota’s Attorney General guidance explain this funding relationship: Utah Department of Commerce; Minnesota Attorney General.
When reviewing a community, look beyond the monthly assessment: check the budget and available reserve information, then ask how planned replacement work is funded. A low current payment by itself does not establish who will pay for a major future repair.
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Maintenance responsibility does not settle insurance coverage
The party assigned to maintain a component and the policy that insures it are separate questions. An association’s master policy may not cover every interior improvement, personal item, liability exposure, or loss of use. Minnesota Department of Commerce says owners often carry HO-6 insurance for unit interiors, personal property, liability, and optional loss-assessment protection, but the right coverage depends on the community and the policies involved. Read the association policy information and your own policy, and confirm gaps or deductibles with your insurer. See Minnesota Department of Commerce guidance.
The Mezzano declaration also directs owners to consider what the association policy covers and obtain separate coverage for risks it does not cover. It is an example of why an owner should verify the actual policy rather than infer coverage from the maintenance allocation: Mezzano HOA governing documents.
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What to do when the HOA and owner disagree
- Identify the disputed item precisely. Record the component, its location, the damage, and the relevant declaration language.
- Ask for the allocation in writing. Request the board or manager’s explanation, the applicable maintenance schedule, and the insurance certificate or policy summary.
- Check state-specific guidance. Review applicable state law and the state consumer or ombudsperson resource. Minnesota owners can consult the Minnesota Attorney General’s guidance, which points to the Minnesota CIC Ombudsperson for plain-language explanations of commonly used governing-document provisions.
- Seek professional advice if the stakes warrant it. If the documents and the damage leave a consequential dispute unresolved, get advice specific to your state and community.
Minnesota’s Attorney General notes that disputes can arise when responsibility for a damaged item is not clearly defined and that associations may have access rights to units for maintenance or repairs. Do not treat that Minnesota guidance as a universal legal rule; check your own documents and applicable law. The publication’s practical advice is: “Be sure to read the association’s governing documents carefully and understand the insurance coverage provided by the association and the association’s responsibilities regarding maintenance and repair.”
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