March 2026 CT

Legal Obligations Concerning a Community’s Maintenance Responsibilities By Andrew J. Podolski, Esq., Stark & Stark, P.C.

A lthough Punxsutawney Phil recently predicted 6 more weeks of winter, spring is still just right around the corner and community managers and boards across the state are entering the spring main tenance season. With vendor and material costs rising more than ever due to inflation, supply chain issues, etc., the temptation to achieve savings through maintenance – whether it be eliminating it altogether or simply cutting corners by hiring less expensive, but less qualified, vendors – is greater than ever. However, maintenance of common elements is not just good practice, it’s required by most governing docu ments in addition to New Jersey statutory and decisional law. This article explores the legal obligations boards and managers face to ensure proper maintenance of commu nity property.

Governing Documents Common interest communities in New Jersey are bound by contractual obligations set forth in the communities’ gov erning documents. For condominium associations, the gov erning documents typically consist of a Master Deed and By-Laws. For homeowner associations, the Declarations of Covenants and Restrictions and By-Laws typically control. Virtually all modern sets of governing documents pro vide that one of the board’s obligations is to “maintain, repair and replace” the common elements. The common language used to articulate this obligation typically reads: “shall maintain...” rather than “should.” This means that maintenance is not a suggestion; it is a requirement. Governing documents often go beyond this basic language and include a check list of amenities to be CONTINUES ON PAGE 28

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MARCH 2026