Take a balcony in a California condominium. It's attached to one unit, and only that owner can use it. So who's responsible for it?
It depends on the verb.
Under California's Civil Code section 4775, unless the association's declaration says otherwise, the owner is responsible for maintaining a balcony designated as exclusive use common area. The association is responsible for repairing and replacing it. Sweeping it and keeping it clear falls to the owner. When the waterproofing fails and water reaches the unit below, the repair falls to the association.
One balcony, two responsible parties, split by the kind of work rather than by who uses it or who owns it.
That's the idea most responsibility charts miss, and it's why so many of them fail at exactly the moment they're needed.
This article is operational guidance, not legal advice. Responsibility depends on the law where a community sits and on its governing documents. Have any matrix reviewed by qualified counsel before relying on it.
Ownership doesn't settle responsibility
The instinct is to sort every element into two piles: what the association owns, and what the owner owns. Then each party fixes its own pile.
It doesn't work, and not only in California. A NSW Government resource on strata makes the point directly: knowing who legally owns a given part of a strata building does not necessarily tell you who has obligations in relation to it, or what those obligations are.
The Educational Community for Homeowners, a California nonprofit, makes the same observation about planned developments: ownership and maintenance responsibility don't necessarily track. An owner can own their entire lot while the association is responsible for maintaining the front yard.
So a matrix built on ownership alone gives confident answers that are sometimes wrong. And a wrong answer is worse than an open question, because nobody checks it.
The matrix needs a column for each kind of work
If responsibility can split by the kind of work, the matrix has to show that. One "responsible party" column can't.
Here's the structure that holds up:
|
Element |
Who owns it |
Maintain |
Repair |
Replace |
Source |
Notes |
|---|---|---|---|---|---|---|
|
Which clause or statute decides it |
Anything unclear, and whether counsel has reviewed it |
The source column matters as much as the answers. Every entry should point to the clause, by-law or statute that decides it. When a board changes, or an owner disputes an answer, the matrix explains itself rather than relying on someone's memory of why a line was drawn.
Here's how a few rows might look for a California condominium whose declaration follows the statutory defaults. It's illustrative only. Your own governing documents may say otherwise, and where they do, they generally prevail.
|
Element |
Owned by |
Maintain |
Repair |
Replace |
Source |
|---|---|---|---|---|---|
|
Roof and structure |
Association (common area) |
Association |
Association |
Association |
Civil Code §4775(a)(1) |
|
Balcony, exclusive use |
Association (exclusive use common area) |
Owner |
Association |
Association |
Civil Code §4775(a)(4) |
|
Unit interior |
Owner (separate interest) |
Owner |
Owner |
Owner |
Civil Code §4775(a)(3) |
|
Utility service failing in the common area and extending into a unit |
Mixed |
Association restores service |
Association |
Association |
Civil Code §4775(a)(2) |
The law sets defaults. Your documents can override them.
In many jurisdictions, responsibility is decided through two layers: the applicable law, and the community's governing documents.
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California. Each part of Section 106 of the Strata Schemes Management Act applies "unless otherwise provided in the declaration." The statute fills the gaps the CC&Rs leave. If your governing documents assign responsibility differently, the declaration needs reviewing against the current law rather than against how things have always been done.
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New South Wales. Section 106 of the Strata Schemes Management Act requires the owners corporation to properly maintain common property and keep it in good and serviceable repair. But the same section makes that duty subject to certain by-laws, including common property rights by-laws, which can place responsibility for specific common property on an owner. Under section 108, certain by-laws that place maintenance responsibility for altered common property on an owner require that owner's written consent.
Where a lot ends matters too. The same NSW Government resource notes that lot boundaries are usually the inner surface of the boundary walls, the upper surface of the floor and the underside of the ceiling. The structure behind the plaster is typically common property, even though it sits inside someone's home. Check the strata plan for each scheme.
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Singapore. The Building Maintenance and Strata Management Act places maintenance and repair duties on the management corporation for common property, with specific rules for limited common property and other circumstances. The applicable strata plan and by-laws also need checking.
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Elsewhere. Dubai's jointly owned properties, UK leasehold blocks and Canadian condominium corporations all have their own frameworks. Confirm the specifics locally.
So a matrix has to be built from both layers at once: the default the law provides, and every place the governing documents change it.
Where disputes usually start
A handful of elements cause most arguments. Give them explicit rows, even where the answer seems obvious.
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Balconies, patios and decks. Used by one owner, frequently common property, and exactly where maintain and repair split in California. Waterproofing is the classic dispute, because a failure damages the unit below rather than the one above.
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Windows and exterior doors serving one unit. Often treated like balconies, and often worded inconsistently in governing documents.
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Pipes and services. These can cross the boundary between private and common property, so the matrix should identify the specific component and verify responsibility against the governing documents and the applicable law. California's 2025 amendment to section 4775 adds a specific rule: the association is responsible for restoring interrupted gas, heat, water or electrical service that begins in the common area, even if the problem extends into a unit, and the board must commence the repair process within 14 days of the interruption.
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The boundary layer. Where walls, floors and ceilings meet a lot, the finish may belong to the owner while the structure behind it belongs to the association. A leak damages both.
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Damage caused by someone. Many frameworks treat damage caused by an owner's or occupant's negligence differently from ordinary wear. The matrix should say so, even if only as a note pointing to the relevant clause.
Building it
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Start from the asset list. Every common element, and every element near a boundary. If you have a maintenance plan, its asset register is the right starting point; we explained what that register should cover in our guide to the HOA preventive maintenance plan.
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Apply the statutory default for each element and each kind of work.
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Apply the overrides from the declaration, by-laws or strata plan, recording the clause each time.
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Mark what's unclear. Don't guess. Unresolved rows go to counsel.
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Have the whole matrix reviewed. ECHO recommends legal review before publication, and it's worth the cost: the matrix will be quoted back at the board.
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Adopt and publish it. Owners should be able to find it without asking.
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Review it whenever the governing documents change, the law changes, or a new element is added. California's 2025 amendment is a reminder that the default layer moves too.
The matrix is a routing rule
A matrix that sits in a document folder answers questions when someone thinks to ask. A matrix that's applied to every incoming request prevents the questions from arising.
Every request a resident submits has three possible outcomes: association work, owner responsibility, or a split. Routing it correctly at intake avoids both failures a matrix exists to prevent.
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The association pays for owner work. ECHO notes that a published chart stops the board authorizing work that isn't the association's responsibility, and cuts requests that shouldn't have been made. Once the association fixes something that was an owner's, the next owner reasonably expects the same.
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The association leaves its own work undone. This one carries legal weight. In NSW, the owners corporation has a statutory duty to maintain and repair common property, and section 106 allows an owner to recover reasonably foreseeable losses caused by a breach of that duty. A request misclassified as the owner's responsibility can have exactly those consequences.
Some elements shouldn't wait for a request at all. Where the association is responsible for repair or replacement, those elements belong in its inspection cycle. Balcony waterproofing and window perimeters, for example, are part of the building envelope, which we covered in our guide to roof and building envelope inspection.
A responsibility matrix is often treated as a one-off legal exercise: draft it, file it, forget it. Its real value is as an operating rule, applied every time a resident reports a problem, so the question of who fixes it is settled before anyone argues about it.
Take the last ten requests your community received. For each, could you say, without looking anything up, whether it was the association's to fix, the owner's, or both, and which clause says so? If the answer came from memory, the matrix isn't doing its job yet.
Frequently asked questions
Q1. What is an HOA maintenance responsibility chart?
A document that lists each element of a community, such as roofs, balconies, pipes and interiors, and shows who is responsible for it: the association or the owner. A useful chart separates maintenance from repair and replacement, and cites the governing document or statute behind each answer.
Q2. Does the association maintain everything it owns?
Not necessarily. Ownership and responsibility can differ. In California, for example, owners maintain exclusive use common areas like balconies, while the association repairs and replaces them, unless the declaration says otherwise.
Q3. Who repairs a balcony in a California condominium?
Under Civil Code section 4775, unless the declaration provides otherwise, the owner maintains an exclusive use balcony and the association repairs and replaces it.
Q4. Can an NSW owners corporation make an owner responsible for common property?
In certain circumstances, through by-laws such as a common property rights by-law. Section 106 of the Strata Schemes Management Act makes the owners corporation's maintenance duty subject to those by-laws, and section 108 requires the owner's written consent for certain by-laws placing maintenance of altered common property on them.
Q5. How often should the matrix be updated?
Whenever the governing documents change, relevant law changes, or new elements are added to the community. A matrix built on outdated documents or superseded law can give wrong answers with complete confidence.