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Filing a complaint against HOA communities can be a confusing process. Many homeowners don't know where to direct their concerns, leading to unresolved issues and resentment.
September 22, 2019
Filing a complaint against HOA communities can be a confusing process. Many homeowners don’t know where to direct their concerns, leading to unresolved issues and resentment.
When homeowners have a grievance against their HOA, it is best to first bring it to the attention of the HOA board or manager. More often than not, homeowners association complaints are easily resolved through communication. Homeowners can also enter dispute resolution with their association.
Sometimes, homeowners want to take their complaints to a city- or state-level agency. Unfortunately, not all states have separate agencies that oversee or regulate homeowners associations. Most governing bodies also don’t take complaints unless they are specific to their jurisdiction or have evidence to back up their claims.
If a homeowner suspects their HOA is doing something illegal, it is best to report it to local authorities. Other than that, homeowners may need to seek advice from a lawyer.
Many homeowners ask, “Where do I file a complaint against my HOA?” The answer, though, depends on where you live. Remember that only a select few states have agencies dedicated to overseeing HOAs and condominiums. Additionally, not all of the agencies listed below may accept general complaints.
How do I file a complaint against my HOA in Arizona? Use the following resources.
Want to file a HOA complaint in California? Here are some resources that may help.
Here’s how to file a complaint against a homeowners association in Colorado:
Ft. Lauderdale Office:
Office of the Condominium Ombudsman
1400 W. Commercial Boulevard, Suite 185-J
Ft. Lauderdale, FL 33309-3791
Phone: 954.202.3234
FAX: 954.202.3237
Spanish Inquiries: 954.202.3235
Here’s how to file a complaint against a homeowners association in Illinois:
For complaints against HOA communities in Maryland:
Refer to the following resources if you wish to file a complaint against HOA communities in North Carolina:
How do I file a complaint against an HOA in Texas? You may look through the resources below.
File a complaint against HOA communities in Virginia using the following resources:
Many HOA communities have internal procedures for handling homeowner complaints. Typically, these procedures involve the following steps:
If a homeowner has a complaint against a neighbor, they may also submit the complaint to their HOA board or manager. Keep in mind that not all neighbor-to-neighbor disputes will require intervention from the HOA.
Generally, the HOA is not obligated to respond to a homeowner’s complaint, especially if the complaint does not warrant any action. Some complaints are out of the HOA’s scope of authority or do not require intervention from the board.
That being said, it is good practice for the HOA board or manager to respond to a homeowner’s complaint with a standard letter acknowledging their concerns. If the complaint does not warrant any action, the letter may also reflect that.
It can be frustrating when your HOA does not respond to your complaints. If you find yourself in this situation, here are some tips you can implement:
If you believe your HOA board is abusing its power, you may refer to the state departments listed above to file a complaint. Unfortunately, not all states have dedicated agencies that oversee homeowners associations. However, that does not mean homeowners are totally out of options.
An HOA board member who is abusing their power or acting outside the scope of their authority has breached their fiduciary duties. This board member may be held personally liable for their actions in a court of law.
Aside from taking legal action, homeowners can remove this board member from their position. Removing a board member usually requires a majority vote from the membership at a special meeting. In some cases, fellow board members can remove another with a vote. For more specific details on how to remove a board member, it is best to consult your state laws and governing documents.
The short answer is yes. Homeowners do have the option to take legal action against their HOA. However, it is best to attempt to resolve the issue internally first before taking the matter to court. After exhausting all options, homeowners may choose to file a lawsuit.
Keep in mind that lawsuits tend to be time-consuming and expensive. They can take months — even years — to conclude and cost you thousands of dollars in fees. Furthermore, if the court rules in favor of the HOA, it may order you to compensate the HOA in damages and legal fees.
Taking legal action should be considered a last resort. This is because it significantly depletes resources. Additionally, there are states that require homeowners and HOAs to go through internal or alternative dispute resolution prior to taking legal action.
It is usual for homeowners to have grievances against their HOA. However, homeowners should seek internal resolutions before filing a complaint with state agencies or taking legal action. Board members and HOA managers are often open to resolving issues through communication and compromise.
Are you looking for an HOA management company in your area? Use our online directory to make your search process easier!
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