How to File a Complaint Against Your HOA Management Company

Complaining to the Management Company

Call Housing Code Enforcement if you have an emergency. Emergencies include things like no heat or hot water or a pest infestation. The housing inspector should come out and investigate. Try to get a copy of the investigator’s report. You should keep it for your records.

Read your CC&Rs. Every homeowners association (HOA) should have Covenants, Conditions, and Restrictions, called “CC&Rs.” You should have received a copy when you moved in. Take out your copy and read them. These rules should explain the process for filing complaints against HOA management. If you don’t have your CC&Rs, then contact the HOA and ask for a copy. Because many states require that you exhaust your remedies with the HOA first, you need to follow the complaint process in the CC&Rs.

Format a letter. You may have to write a letter complaining to HOA management. You should set it up like a standard business letter. Set the font to something readable, such as Times New Roman 12 point.

Identify the problem. In the letter, you should explicitly state what problem you are having with the HOA’s management company. Provide as much detail as possible, including dates and any witnesses. For example, the management company might have denied you access to look at their books. You can write, “I made an in-person request on September 1, 2016 to review the books. However, Ms. Smith told me that I would need permission from the entire board even though Section 12.3 of the CC&Rs gives all members a right to review the HOA books. On September 15, 2016, the entire board turned down my request at its monthly meeting.”

Mail the letter. Make sure that you mail your letter certified mail, return receipt requested to the HOA. You will need proof that HOA management received it, and the receipt serves as that proof. Also remember to keep a copy of the letter for your records.

Lodging a Complaint with a State or Local Agency

Complain to the management company. You probably have to exhaust whatever remedies are provided for in your CC&Rs before you can complain to a state or local agency. Read your CC&Rs and follow the complaint process.

Find your state or local office. You can find the relevant office by searching “your state” and “homeowners association complaint” on the Internet. For example, Nevada’s Department of Business and Industry handles complaints against HOAs. In some states, county agencies might handle complaints against HOAs. If you don’t see a state office, check your county.

Complete the complaint form. Your state might have a complaint form that you can print out or download. Be sure to fill it out neatly by printing with black ink. Each form is different, but they generally will ask for the following: your name and unit number the complainant (if this person is not you) your mailing address and phone number the name of the association and its location information about the HOA, such as the president and the property manager your reasons for complaining

Sign in front of a notary. You may need the form notarized, which means you should find a notary public and sign in front of them. You can find notaries at the courthouse, in your town office, or at most large banks. Be sure to take acceptable forms of identification to show the notary. Typically, a valid state-issued ID or a valid passport is sufficient.

Submit the complaint. Mail the complaint form to the address provided. Be sure to include a copy of the letter that you sent to the HOA. Mail the entire complaint certified mail, return receipt requested and keep a copy for your records.

Filing a Lawsuit

Read the CC&Rs. Before you file a lawsuit against HOA management, you need to make sure you are allowed to do so. In some cases, CC&Rs dictate that parties must submit to binding arbitration as opposed to litigation. If the CC&Rs you agreed to have this type of provision, contact your HOA about starting the arbitration process as opposed to filing a lawsuit. During binding arbitration, a judge-like third party will listen to each party present their case. At the end of this presentation, the arbitrator will draft a written opinion stating who won and what the award will be. Because this is binding arbitration, both parties will be bound by the arbitrator's decision.

Look for attorney fee provisions. Most CC&Rs include an attorneys' fee provision within them. Under these provisions, if you lose a court case, you may have to pay the HOA's attorneys' fees. Depending on the complexity and length of your case, this could get extremely expensive. In addition, even if the CC&Rs do not contain attorneys' fees provisions, some state statutes allow prevailing parties to recoup attorneys' fees. Be aware of this before you file a lawsuit. On the other hand, if you have a strong case, these provisions can work in your favor.

Identify your legal claim. You can sue your homeowners association for a variety of reasons. The following are typical legal claims that people bring against HOA management: The HOA is not fulfilling its duties under the CC&Rs. For example, it may not be maintaining the common areas or making necessary repairs. The HOA is misusing the homeowners association fees. You have a dispute about remodeling your unit or making some other change. If the CC&Rs are silent on the issue, then you might want to sue if the HOA is trying to prevent the change. The HOA is discriminating against you based on a protected characteristic, such as your religion, ethnicity, race, disability status, etc.

Document your complaint. You will need evidence to bring a successful lawsuit. Accordingly, you should begin gathering evidence that supports your complaint against HOA management. Consider finding the following: Communications between you and HOA management, such as emails or letters. Pictures or other visual evidence. If the HOA hasn’t made repairs, then you should document it. Your memories. If you had a conversation with HOA management, then write down the date of the conversation and its substance. Any medical records. You might have been physically injured by a defect that HOA management has not addressed, such as a defective elevator or rickety stairs.

Determine the correct court to sue in. Where you sue will depend on what you are suing for. For example, you might sue for money compensation. Alternately, you could sue for an “injunction,” which is a court order commanding the HOA to do something or refrain from doing something. Generally, you can use the following rules to determine the correct court: If you are suing for discrimination, then you probably will sue in federal court. You can find the nearest federal court by using the Locator tool at the U.S. Courts website. If you are suing for a personal injury, then you can sue in state civil court. If you are suing for a breach of the CC&Rs, then you will sue in regular civil court if you want the judge to give you a sum of money as compensation. If you are suing for an injunction, then you might need to sue in an equity court, depending on your state. In most states, equity courts have merged with the regular civil court, but in a few states you still must sue in equity for an injunction.

Meet with a lawyer. You might have a valid legal claim but not know whether you should sue. Lawsuits are time-consuming, and you might want to meet with a lawyer before filing suit. The lawyer can listen to your complaint and advise you about what evidence you will need and whether you have a strong case. You can get a referral to a lawyer by contacting your local or state bar association. Call up the lawyer and ask to schedule a consultation. Also ask about fees. You can also hire the lawyer to represent you throughout the lawsuit. It is ideal to have an experienced attorney represent you, especially if the case is complicated. However, money might be a concern.

Draft a complaint. You start your lawsuit by filing a “complaint” with the court. Stop into your courthouse and see if there is a printed, fill-in-the-blank complaint form you can use. If not, you will need to draft your own. Be sure to include the following information in the complaint: the names of all people bringing the suit the names of the HOA or individual members of management who you are suing the factual circumstances surrounding the complaint what you want the judge to give you (such as money compensation or an injunction)

File your complaint. Make several copies of your complaint and take the copies and the original to the court clerk. Ask to file the original. The clerk can stamp your copies with the filing date. You will probably have to pay a filing fee, which will differ depending on your court. Try to call ahead of time, or look online, to find out the amount of the filing fee. If you can’t afford a filing fee, then ask the court clerk for a fee waiver form.

Serve notice of the lawsuit on the HOA. You have to give the HOA notice of your lawsuit so that they can respond. You will provide notice by delivering a copy of the complaint and a “summons,” which you can get from the court clerk. Generally, you can serve notice in the following ways: Have the sheriff hand deliver the notice. In many counties, you can pay the sheriff a small fee to make hand delivery. Hire a private process server. For a small fee, process servers will make hand delivery on the HOA. You can find process servers in your phone book or online. Ask someone 18 or older to make hand delivery. Usually, any adult can make hand delivery provided they are not part of the lawsuit. For example, don’t ask your child who lives with you to make hand delivery. However, you could have a colleague at work deliver it for you. Mail it to HOA management. In some courts, you can send the complaint and summons by registered or certified mail, return receipt requested. Mail is less ideal than hand delivery.

File the proof of service. Whoever makes service typically has to complete a Proof of Service or Affidavit of Service form. This might be on the back of the summons or it could be a different form. You can get it from the court clerk. After signing the form, the server returns the form to you. You should keep a copy for your records and then file the original with the court.

Read the HOA’s response. HOA management gets to respond to your complaint. Generally, they will file an “answer,” in which they respond to each allegation that you made. You should receive a copy of the answer, unless you have a lawyer, in which case they will receive the copy. The HOA might also raise “affirmative defenses.” These are defenses which allow the HOA management to win the lawsuit even if all of your allegations are true. For example, one affirmative defense is that you waited too long to sue. If the management company raises affirmative defenses, then you should talk about them with a lawyer.

Continue on with your lawsuit. Most lawsuits follow the same sequence. After receiving the management company’s response, the case will enter a fact-finding phase called “discovery.” In discovery, you and HOA management will swap information and answer questions under oath. You can expect a lawsuit to take up to a year or longer, depending on the issues. See Sue a Homeowners Association for more information.