Condo Patios, Decks and Terraces: Who Pays for Repairs, Gates and Enclosures

The Short Answer

In a condo building, the association is usually responsible for repairing and replacing outdoor decks, patios and terraces. In California, the owner who uses one handles routine maintenance. The declaration can change that split.

• What it is: a patio, deck or terrace that serves only your unit is usually a limited common element (California says exclusive use common area). You have the exclusive right to use it. You do not own it. It belongs to all owners, like the roof.
• Default rule: California’s statute puts it in one sentence: unless the declaration says otherwise, the owner is “responsible for maintaining the exclusive use common area” and the association “is responsible for repairing and replacing” it (Civ. Code 4775(a)(4)). Washington makes the association maintain, repair and replace limited common elements unless the declaration says otherwise (RCW 64.90.440(1)).
• When you pay more: when the declaration assigns the maintenance or repair to you, or charges the cost only to the unit that uses it. Florida and Washington both allow that (Fla. Stat. 718.113(1), RCW 64.90.480(4)(a)).
• What is usually yours: anything you or a past owner added: an enclosure, screen room, pergola, awning, hot tub, planters, new pavers or a replacement gate.

Who Usually Pays for Each Part

This is the common pattern in condo buildings where the declaration follows the default rules. Your declaration can move any line.

For balconies in particular (above other units, with membranes and leaks), see our balcony repair guide. For how limited common elements work across the whole building, see limited common elements.

Is a Patio or Terrace a Common Area?

Usually yes, even if only you can use it and even if the listing called it “your” terrace. Three states’ default rules say so:

There are two common exceptions:

1. The declaration draws the patio inside your unit. Some declarations define the unit to include its patio or terrace. Then it is part of your unit and you usually repair it like your floors. Check the unit boundaries clause and the plans attached to the declaration. Our unit boundaries guide shows how to read them.
2. You own a townhome on your own lot, not a condo unit. In a planned community, the patio or deck often sits on your lot and is yours. Even in California, if the deck is part of your separate interest, the owner maintains, repairs and replaces it unless the declaration says otherwise (Civ. Code 4775(a)(3)).

Can They Charge the Repair to Your Unit Alone?

Yes, if the declaration says so. This is the clause that decides most patio and deck bills.

• Florida: the declaration may say that certain limited common elements are maintained by the owners who use them, or that the association maintains them “either as a common expense or with the cost shared only by those entitled to use” them. If only the users pay, the declaration “shall describe in detail the method of apportioning such costs,” and the association can collect the share like an assessment (Fla. Stat. 718.113(1)).
• Washington: if the declaration provides, the association must assess the costs of “operation, maintenance, repair, or replacement of any specified limited common element against the units to which that limited common element is assigned, equally or in any other proportion that the declaration provides” (RCW 64.90.480(4)(a)).
• California: the owner-maintains, association-repairs split applies “unless otherwise provided in the declaration” (Civ. Code 4775(a)(4)). Many California declarations keep the default; some move repairs to the owner.

If your declaration says nothing on the point, the cost is usually a common expense shared by all owners.

A worked example. A 24-unit building has a wood deck on every ground-floor unit. One deck needs new joists and boards: $18,000.

The same $18,000 repair can cost one owner $720 or $18,000. Read the clause before you accept or dispute the bill.

Patio Gates and Fences

The original fence and gate around a patio are usually part of that patio, so they follow the same rule: if the patio is a limited common element, so is the gate. That means the association usually owns it, and who repairs it depends on the limited common element clause above. Many declarations or rules make owners responsible for latches, locks and hinges, since those wear with daily use.

The answer changes when:

• You or a past owner installed the gate. It is usually the owner’s to maintain, and the association can often require it to match the approved design. Ask the board for the approval file.
• The gate opens onto a shared walkway. Some buildings treat perimeter fences and gates as general common elements, maintained by the association for everyone.
• The gate was damaged by use. A gate broken by your dog, guests or movers is usually yours to fix, whatever the declaration says about wear.

Enclosures, Pergolas and Bigger Patios

You need permission before you build on a patio or deck, because you are building on common property.

• Washington: an owner “may not change the appearance of the common elements without approval of the board” (RCW 64.90.255(2)).
• Florida: material alterations or substantial additions to the common elements must follow the declaration’s procedure, which for an owner’s enclosure is often the board’s approval under the declaration. If the declaration has no procedure, 75% of all voting interests must approve (Fla. Stat. 718.113(2)(a)).
• California: extending your patio into the shared common area is a grant of exclusive use. Unless the governing documents set a different percentage, it needs a vote of owners of at least 67% of the units, with some exceptions such as a disability accommodation (Civ. Code 4600).

Approval letters for enclosures, screen rooms and pergolas usually make the owner responsible for maintaining, insuring and, if the association needs access, removing the addition. Read that letter before you buy a unit with one. A future buyer inherits it. Our board approval process guide shows how to ask.

California: Wood Decks Get Extra Rules

Two California rules apply to wood decks in condo buildings.

Inspection of elevated decks. In buildings with three or more attached units, the board must have a licensed structural or civil engineer or architect inspect a random, statistically significant sample of “exterior elevated elements” at least once every nine years. These are decks, balconies, stairways and walkways with a walking surface more than six feet above ground, supported in whole or in substantial part by wood, that the association maintains. The first inspection was due by January 1, 2025. Buildings with a permit application on or after January 1, 2020 must be inspected within six years of the certificate of occupancy. If the inspector finds an immediate threat to safety, the association must keep occupants off it until repairs pass the local building agency (Civ. Code 5551, as amended effective January 1, 2026). Ground-level patios are not covered.

Termites and rot. In a condominium, unless the declaration says otherwise, the association is responsible for repairing common area damaged by wood-destroying pests or organisms (Civ. Code 4780(a)). Dry rot in deck framing that is common area is usually the association’s repair. See also pest control.

State pages: California, Florida, Washington.

What to Do When You Get a Patio or Deck Bill

1. Find the four clauses in the callout above and match the bill to them. Is the patio a limited common element? Does the declaration charge its costs to your unit?
2. Ask for the paperwork. Request the contractor’s invoice, the engineer’s report if there is one, and the board minutes approving the charge. Our guide on requesting HOA documents has a letter.
3. Separate structure from surface. If the bill mixes joists, membrane and boards, ask for it itemized. Your declaration may split those differently.
4. Dispute in writing if the charge does not match the clause. Quote the section number. See how a chargeback letter should be built and the repair dispute process.
5. Call your HO-6 insurer if the damage came from a storm, fire or other sudden event. See what HO-6 insurance covers.
6. Buying? Ask whether any patio, deck or enclosure was approved, and for the approval letter. Ask whether a deck or balcony repair project is planned. See special assessments.

Frequently Asked Questions

In a condo building, who is responsible for outdoor decks and patios?

Usually the association repairs and replaces them, and in California the owner handles routine maintenance, because a deck or patio serving one unit is a limited common element. The declaration can change that. Florida and Washington let it charge repair costs only to the unit that uses the deck or patio. Check the maintenance section and the assessments section of your declaration.

Are terraces in condo buildings common areas if only one unit owner uses them?

Usually yes. A terrace that serves one unit is normally a limited common element: you have the exclusive right to use it, but it is common property. It is part of your unit only if the declaration draws your unit boundaries to include it. The plans attached to the declaration usually show which.

Is a patio considered a common area?

In most condos, yes, as a limited common element (exclusive use common area in California). Washington's and California's statutes make patios that serve one unit and sit outside its boundaries limited common elements unless the declaration says otherwise. In a townhome community where the patio is on your own lot, it is usually yours.

Are individual patio gates owned by the HOA or the unit owner?

The original gate is usually part of the patio, so it is common property owned by all owners through the association. Who repairs it follows the patio's maintenance clause. Owners often handle latches and hinges, and a gate an owner installed is usually that owner's to maintain.

Can the HOA make me pay to replace my deck?

Only if the declaration says so, or if you caused the damage. If the declaration charges limited common element costs to the unit served, you can owe the whole bill. If it is silent, deck replacement is usually a common expense that every owner pays a share of.

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Important Disclaimer: This article describes common patterns and quotes state law as of November 2026. It is general educational information, not legal advice. Every declaration is different, and state law varies. Always read your own governing documents, and talk to your association’s manager or a qualified community association attorney about your situation.

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