Academy/HOA & Community Association 101
What does an HOA actually own?
The plain answer to who holds title to your community's roads, ponds, and clubhouse, and why it matters.
In a typical HOA-governed subdivision, the association itself holds legal title to the common area (roads, ponds, clubhouses) by a recorded deed or plat, not the individual lot owners. This is the opposite of a condominium, where unit owners jointly own the common elements as tenants in common. The declaration sets the exact boundary.
The association holds title, not the owners
If you sit on the board of a subdivision HOA, the common area, entrance signage, retention pond, private streets, clubhouse, is not something you and your neighbors own together. The association, as its own legal entity, holds title to it directly.
"The typical subdivision has a common area that's owned by the HOA by virtue of a recorded deed or plat."
Source: Common area ownership in condominiums and subdivisions, State Bar of Texas
Condominiums work differently. There, the unit owners own the common area together, as tenants in common, in undivided shares. A board member who transfers into an HOA from condo experience often carries that assumption over, and it is wrong. Your community's actual legal category, most likely a planned community, was set the day its declaration was recorded.
Exactly what the association was deeded, and how much of it, is a question only your own recorded declaration and plat can answer. Read them before assuming.
Common elements, and the parts carved out for one owner
Everything in the community that is not a separately owned unit or lot is a common element.
"all portions of the common-interest community other than the units, including easements in favor of units or the common elements over other units."
Source: Nevada Revised Statutes Chapter 116, NRS 116.017, Nevada Legislature
Some common property is set aside for just one or a few owners, a balcony, an assigned parking space, a patio attached to a single unit. Statutes call this a limited common element: property allocated "for the exclusive use of one or more but fewer than all of the units" (NRS 116.059, Nevada Legislature). It is still common property, legally, even though only certain owners may use it.
Owning it and maintaining it are two different questions
Who holds title does not automatically answer who fixes what. Unless the declaration says otherwise, the default rule splits the work along the same line as the title.
"the association has the duty to provide for the maintenance, repair and replacement of the common elements, and each unit's owner has the duty to provide for the maintenance, repair and replacement of his or her unit."
Source: Nevada Revised Statutes Chapter 116, NRS 116.3107, Nevada Legislature
That is a default, not a fixed line. Declarations frequently reassign specific items, windows, exterior doors, an HVAC condenser sitting outside a unit, differently. A board that assumes the default applies without reading its own declaration can be wrong about who is actually on the hook for a repair. The full mechanics of that line live in association responsibility versus owner responsibility.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
Your subdivision's declaration lists a retention pond as common area. Who holds legal title to it?
A patio attached to one unit is legally common property, but only that owner may use it. What is this called?
A pipe bursts inside the drywall of one owner's unit, damaging only that unit's interior. Under the declaration's default rule, who is responsible for the repair?
Sources
HOA & Community Association 101
Next, see exactly where the maintenance line falls in your own documents.
What counts as common area, whether it is titled to the association or the owners, and who maintains which parts of it are all set by your community's specific declaration and recorded plat, and can differ significantly between a condominium and a subdivision HOA.