A maintenance matrix is a chart usually prepared by the law firm that prepared the association's CC&Rs. Its purpose is to clearly define which repairs and replacements are the responsibility of individual homeowners and which are the responsibility of the homeowner association as set forth in the association's CC&Rs. A maintenance matrix is more than a convenience. It is intended to eliminate disputes concerning responsibilities and to provide essential information to homeowners, potential buyers, mortgage lenders, and potential lenders to the HOA.

Maintenance matrices may be adopted as an operating rule or can be adopted as part of the CC&Rs through an amendment or restatement. The benefit of adopting a maintenance matrix as a rule is that the maintenance matrix can be adopted by the board at an open meeting after considering any comments made by the membership during the membership's thirty day comment period. There is no requirement for a membership vote if the matrix is adopted as an operating rule.

The board may not use a maintenance matrix that it has adopted as an operating rule to make any changes to the maintenance allocation that conflicts with the CC&Rs. The California Civil Code establishes the statutory hierarchy of governing documents of common interest developments. If there is a conflict between the CC&Rs and one of the sources below the CC&Rs in the hierarchy, the CC&Rs will always prevail. If the maintenance matrix is adopted as an operating rule, it cannot be used to override the CC&Rs.

Adopting a maintenance matrix as an amendment to the CC&Rs or as part of a restatement of the CC&Rs allows the association to make changes to the maintenance, repair, and replacement responsibilities. Amendments to the CC&Rs and restatements of the CC&Rs require membership approval which can sometimes be difficult to achieve. However, adopting a maintenance matrix by means of an amendment to the CC&Rs or restatement of the CC&Rs is the best method.

The cost of a maintenance matrix when we prepare your CC&Rs is $500.