Beyond Maintenance: When HOA Boards Can Change Common Areas

HOA boards are often asked to improve or repurpose common areas. A tennis court sits unused. A dog park needs space. Parking is tight. The question usually isn’t whether a change is a good idea- it’s whether the board has the authority to make it.

Maintenance vs. Changing Use

Most HOA governing documents give boards broad authority to maintain and repair common areas. That typically includes replacing worn materials, making safety upgrades, and performing routine improvements that keep the area serving the same purpose.

Problems arise when a project changes how a common area is used, not just how it looks.

Replacing fencing or resurfacing a court is usually maintenance. Converting a tennis court into a pickleball court is often not.

What Boards Usually Cannot Do Alone

If the declaration identifies a common area for a specific purpose, the board generally cannot change that purpose without owner approval. Common examples include:

• Converting tennis courts to another use

• Removing playgrounds, dog parks, or gazebos

• Turning green space into parking

• Eliminating recreational amenities altogether

Even if the change seems beneficial or cost-effective, boards are limited by what the declaration allows.

Why the Declaration Matters

Owners purchased their homes relying on the community layout described in the declaration. Changing the use of common areas can affect owner expectations, property values, and assessments. That’s why many changes require a membership vote through a formal amendment process.

A Simple Rule of Thumb

If a project preserves a common area, it’s usually maintenance.
If it transforms how the area is used, owner approval may be required.

Best Practice for Boards and Managers

Before approving a project, boards should ask:

1. Does this change the use or function of the area?

2. Does the declaration describe how this area is supposed to be used?

3. Would owners reasonably expect to vote on this change?

When the answer is unclear, pause and get legal guidance before work begins.

Bottom Line

HOA boards do not have unlimited authority to change common areas. Acting first and asking questions later can lead to disputes, legal costs, and having to undo completed work. Reviewing the declaration and involving owners early helps avoid those problems.

If you have any questions or if you would like to speak with an attorney about the content of this article, please contact association law attorney Paul Hinckley at phinckley@shuffieldlowman.com or Matt Firestone at mfirestone@shuffieldlowman.com.