DEFERRED MAINTENANCE
HOW A MANAGER CAN EFFECTIVELY APPROACH THE BOARD. By John F. Baumgardner
T
he recent tragic collapse of the
maintenance guidelines can lead to delayed
Champlain Towers in Surfside, Florida
inspection or maintenance cycles. Many
has renewed focus on addressing
times, these problems are exacerbating and
deferred maintenance in community associations. Performing required maintenance and repairs is necessary to ensure that associations are financially secure while also reducing the potential for costly special assessments or litigation.
interconnected. While rarely resulting in major catastrophe, there are many negative outcomes associated with deferred maintenance. The most obvious effect often is the declining aesthetic of the community (i.e., faded paint, stained
There are many causal factors resulting in
deck edges, and dying landscaping). These
deferred maintenance, including lack of
observable conditions can cause decreased
funding, poor maintenance practices by
property values and increased owner
hired contractors, and/or the failure to follow
complaints. However, these are not always
recommended maintenance guidelines.
the most expensive consequences.
Community associations often fail to adequately raise assessments over the years when necessary, or they rely on inadequate reserve studies, which results in a lack of reserve funds to pay for maintenance or repairs. Deficient construction or defective building components can also lead to premature failure and unexpectedly reduced useful life. Additionally, missing maintenance manuals or manufacturers’ recommended
14 The Law Journal Winter 2021 | cacm.org
Deferring necessary maintenance can reduce the useful life of building components, increase the potential repair costs, expand the scope of repair, and compromise other building materials, such as wood framing or other structural components. Additionally, homeowners may bring expensive and timeconsuming litigation against the association as well as individual board members seeking
