Unique to HOAs, the elected board of directors owe a special responsibility to all the dues-paying homeowners, called a fiduciary duty. We have previously written in depth about the different elements of this fiduciary duty, and if you are unfamiliar, that article is certainly worth your time. Simply for this discussion, we just need to know that because of this fiduciary duty that the board owes to member homeowners, the board has a legal obligation to maintain common areas with the same care and diligence that they would apply to their own private property.
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