AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

Upkeep of my townhome

Question: My community is failing to upkeep the maintenance of the townhomes and has resulted in the exterior of my building with faded and peeling paint. The community is using their normal maintenance staff to paint the buildings which has already been ongoing for the last decade and they’re not even half way complete.

If the HOA is failing and negligent to upkeep the CC&R’s, can I take it upon myself to have my building painted if I paint it the exact same color? At this point in time i’d rather hire professionals. The HOA is supposed to maintain the exterior of the building including the front door, and the sun and water damage to the front door was so bad because it had not been repainted that the doors are ruined.

I’m literally throwing money away every month.

2 Responses

  1. dennisl


    To do what you suggest would result in great risk to you, unless your CC&R’s allowed for such action by the members/unit owners. There are no laws regulation such behavior. If you take on the cost of repair there is no guarantee that you will ever be reimbursed by the association. They can and most likely will simply say no because they can and while you can take them to small claims court it is not certain that you will prevail. Clearly your best option is to talk to your neighbors surely you are not the only one noticing these issues. and get together at the next board meeting and demand that the association board do their job and maintain the property properly. Never take on the board alone you will simply be dismissed as a trouble maker. If they refuse then start a petition to remove the entire board and replace them will board members that will take their responsibilities seriously.

    Please remember that maintenance of the community does not come free and it could simply be a way for the association to get the job done without raising assessment. There may not be enough money in the reserve fund to do this job with professionals. Would you be willing to get a special assessment to pay for the exterior painting of all units by professionals?

    I don’t know but it surely would not hurt to find out why this approach is being used by the board. It is very easy to be critical of a board actions but something else altogether to walk in their shoes or to try and understand why they do what they do. If it because they don’t care then that is inexcusable but there may be a reasonable explanation for their action. You won’t know that unless you ask in a non-threatening manner.


  2. Rick Jewell

    I was previously on the board and found that the officers just believe their way is the right way. Clearly the way they are doing it is not the best way. I would love to see assessments to maintain the community. I would like to paint my building without even requesting a reimbursement, I just want my home to look it’s best. I appreciate the feedback.

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