Failure to Repair: When Your HOA Won't Fix What They Should

Your roof is leaking. Mold is spreading. The board won't return your calls — or tells you it's your problem when it isn't.In this episode of Bad HOA, Luke Carlson and Marty break down failure-to-repair disputes: what your HOA is actually obligated to maintain, where boards typically get it wrong, and how homeowners can build a documented case that gets taken seriously.This is the third installment in the 2026 Dispute Series Revisited — applying the STRIKE method to one of the most common (and most damaging) HOA problems we see.The three property categories that drive maintenance fights: common areas, exclusive-use common areas, and separate interestsWhy your CC&Rs are the first place to look — and how the Davis-Stirling Act fills the gaps when governing documents are silent or conflict with state lawFiduciary duty and the heightened standard of care board members generally owe every homeownerReal scenarios from years of HOA litigation: the atmospheric river that flooded 20 units after a roofer left a hole uncovered, selective repairs that favor board members' homes, and the deferred-maintenance death spiral that ends in a massive special assessmentWhy an independent inspection report from a licensed professional is often the single most useful piece of leverage a homeowner can buildHow the STRIKE method — Stay calm, Track everything, Record and organize evidence, Invest in knowledge, Keep it precise, Escalate only if necessary — applies when your unit is being damaged in real timeWhen informal dispute resolution (IDR) helps, when it's a trap, and how to walk away if a board member tries to rage-bait youThe five signals that may indicate it's time to bring in an attorneyIf the board has notice, the documents say it's their responsibility, and nothing is happening — this episode is the playbook for what to do next.Web: https://www.lscarlsonlaw.com/hoa-attorneyReddit: r/badhoaYouTube: @lscarlsonlawInstagram: @lscarlsonlaw on InstagramFacebook: LS Carlson Law on FacebookLinkedIn: LS Carlson Law on LinkedInX: @lscarlsonlaw on XSpotify: Bad HOA on SpotifyApple Podcasts: Bad HOA on Apple PodcastsYouTube Playlist: Bad HOA Podcast PlaylistLegal Disclaimer: The information in this episode is provided for general informational purposes only and should not be considered legal advice. Listening to this episode does not create an attorney-client relationship with LS Carlson Law or any of its attorneys. Laws and regulations can change, and how they apply to your situation may vary depending on the facts and jurisdiction.If you have specific questions about your rights or obligations under your HOA's governing documents, consult with a qualified attorney licensed in your state. LS Carlson Law practices in California and Florida and represents homeowners only.