How To File Complaint Against HOA Per State

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.

Can You File a Complaint Against HOA?

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.

How to File a Complaint Against an HOA Per State

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.

Alabama

• Alabama Government Portal – Use this to look for government information according to the topic or agency.
• Attorney General of Alabama – The AG’s office counsels state agencies and represents the public interest.
• Alabama Secretary of State – Homeowners can access information on HOAs and condominiums.

Alaska

• Alaska Government Portal – Use this to look for government information according to the topic or agency.
• State Commission for Human Rights in Alaska – For alleged housing discrimination violations.
• Alaska Real Estate Commission – This agency oversees real estate professionals’ licensure, discipline, and education.
• Alaska Department of Law – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development – Alaska

Arizona

How do I file a complaint against my HOA in Arizona? Use the following resources.

• Arizona Department of Real Estate – This agency is in charge of real estate professionals’ licensure, discipline, and education, including HOA management companies and HOA managers. The agency also facilitates the Homeowners Association Dispute Process.
• Attorney General’s Office in Arizona – The AG’s office counsels state agencies and represents the public interest. It also investigates alleged violations of the Arizona Civil Rights Act and Fair Debt Collection Practices Act (FDCPA).
  • Collections and Debt Settlement – The Fair Debt Collection Practices Act applies to associations.
  • Civil Rights Intake Questionnaire – Submit this Questionnaire to the Arizona Attorney General’s Office for housing discrimination claims.
• Arizona Corporation Commission – This agency regulates nonprofit corporations, and most HOAs and condominiums in the state are organized as such.
• Association of Realtors (Arizona) – This agency offers information about real estate licenses, forms, and a real estate directory and handles ethics complaints.
• Arizona Registrar of Contractors – This agency manages issues related to construction defects, offers a directory of contractors, and handles complaints related to contractors.

Arkansas

• Arkansas Government Portal – Use this to look for government information according to the topic or agency.
• Attorney General in Arkansas – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development – Arkansas

California

Want to file a HOA complaint in California? Here are some resources that may help.

• Office of the Attorney General – The AG’s office handles complaints regarding homeowner rights violations under state and federal law.
  • Homeowners Associations and Nonprofit Corporations – The Office of the Attorney General does not handle most HOA complaints. However, if the complaint is related to homeowners who are denied certain rights, they may direct their HOA complaint here using the complaint form. Their HOA must fulfill two conditions, though, to qualify:
    • Non-profit, mutual benefit corporation
    • Must be a complaint listed here
  • Housing Discrimination
  • Civil Rights Highlights
  • California Homeowner Bill of Rights
• California Bureau of Real Estate – This agency is in charge of real estate professionals’ licensure, discipline, and education.

Colorado

Here’s how to file a complaint against a homeowners association in Colorado:

• Colorado Department of Regulatory Agencies – Division of Real Estate – This agency provides information and aid related to HOAs, condominiums, and cooperatives. You can file a complaint and find instructions here.

Division of Real Estate
1560 Broadway, Suite 925
Denver, CO 80202
Phone: 303-894-2166 | Fax: 303-894-2683
dora_realestate_website@state.co.us

• Colorado Department of Regulatory Agencies – Civil Rights Division – This agency administers the state’s civil rights laws and fair housing laws. Victims of housing discrimination can file a complaint with this agency or HUD.
• Colorado Government Portal – Use this to look for government information according to the topic or agency.
• Division of Real Estate – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• Colorado Attorney General – The AG’s office counsels state agencies, represents the public interest and enforces the state’s Fair Debt Collection Practices Act. If you want to know how to report HOA violations of the FDCPA, you may do so here.

Connecticut

• Commission on Human Rights and Opportunities – For alleged housing discrimination violations.
• Connecticut Government Portal – Use this to look for government information according to the topic or agency.
  • Department of Consumer Protection
  • Department of Housing
• Connecticut Attorney General – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development – Connecticut

Delaware

• Delaware Government Portal – Use this to look for government information according to the topic or agency.
  • Division of Human Relations – For housing discrimination complaints, file them here.
• Delaware Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • HOA Ombudspersons Internal Dispute Resolution
  • Fraud & Consumer Protection – If you want to know how to have your HOA investigated for potential fraud, you may attempt to file a complaint here. It is unclear, however, if the department handles HOA-related fraud complaints.
• Delaware Real Estate Commission – This agency oversees real estate professionals’ licensure, discipline, and education.

Florida

• Florida Commission of Human Relations – This agency enforces the civil rights laws in Florida, including fair housing laws. This is where to direct housing discrimination complaints.
• Florida Financial Services Commission – File a complaint with this agency if you believe you have been the victim of unfair, deceptive, or abusive debt collection practices.
• Attorney General in Florida – The AG’s office counsels state agencies and represents the public interest.
• Department of Business & Professional Regulations (DBPR) – This agency can get involved in issues related to elections, recalls, and mediation of enforcement-related matters.
  • Division of Florida Condominiums, Timeshares, and Mobile Homes
  • Condominiums, Timeshares, And Mobile Homes – Homeowners’ Associations
  • Homeowners’ Association’s Forms
  • Homeowners’ Association’s FAQs
  • Professional License Search
• Office of the Condominium Ombudsman – This agency regulates residential communities in the state. It oversees complaint resolution, mediation, arbitration, education, and developer disclosure. If you would like to file a complaint against condo association or HOA, refer to the comprehensive instructions provided by the office. You may also call or email your concerns to ombudsman@myfloridalicense.com.

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

Georgia

• Fair Housing Division of the Georgia Commission on Equal Opportunity – For alleged housing discrimination violations.
• Georgia Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• Office of Attorney General – The AG’s office counsels state agencies and represents the public interest.
• Georgia Secretary of State – Homeowners can access information on HOAs and condominiums.

Hawaii

• Hawaii Civil Rights Commission – For alleged housing discrimination violations.
• Real Estate Commission in Hawaii – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• Department of the Attorney General – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development
  • Tenant Rights, Laws & Protections

Idaho

• Idaho Office of the Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection
• Idaho Commission of Human Rights – For alleged housing discrimination violations.

Illinois

Here’s how to file a complaint against a homeowners association in Illinois:

Indiana

• Indiana Attorney General – The AG’s office counsels state agencies, represents the public interest, and enforces fair debt collection laws. Homeowners who believe they have been subject to unfair debt collection practices may file a complaint with the Attorney General’s Office.
• Indiana Government Portal – Use this to look for government information according to the topic or agency.
  • Indiana Housing And Community Development Authority
• Fair Housing Center of Central Indiana

Iowa

• Civil Rights Commission in Iowa – For alleged housing discrimination violations.
• Iowa Government Portal – Use this to look for government information according to the topic or agency.
• Iowa Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection
• U.S. Department of Housing and Urban Development

Kansas

• Human Rights Commission in Kansas – For alleged housing discrimination violations.
• Kansas Attorney General – The AG’s office counsels state agencies, represents the public interest, and enforces fair debt collection laws.
• Kansas Government Portal – Use this to look for government information according to the topic or agency.
• Corporation Commission in Kansas – This agency regulates nonprofit corporations, and most HOAs and condominiums in the state are organized as such.
• Kansas Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.

Kentucky

• Commission of Human Rights in Kentucky – For alleged housing discrimination violations.
• Kentucky Government Portal – Use this to look for government information according to the topic or agency.
• Kentucky Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Office of Consumer Protection

Louisiana

• Louisiana Government Portal – Use this to look for government information according to the topic or agency.
• Secretary of State in Louisiana – Homeowners can access information on HOAs and condominiums.
• Louisiana Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection
• Louisiana Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.

Maine

• Human Rights Commission in Maine – For alleged housing discrimination violations.
• Maine Government Portal – Use this to look for government information according to the topic or agency.
• Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• Maine Secretary of State – Homeowners can access information on HOAs and condominiums.
• Maine Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection
• U.S. Department of Housing and Urban Development – Maine

Maryland

For complaints against HOA communities in Maryland:

• Maryland Commission of Civil Rights – This agency offers civil rights information, services, and training assistance to individuals and organizations in the state.
• Maryland Collection Agency Licensing Board – This agency oversees debt collection practices and addresses complaints.
• Attorney General in Maryland – The AG’s office counsels state agencies and represents the public interest.
• Maryland Real Estate Commission – This agency oversees real estate professionals’ licensure, discipline, and education.
• County of Prince George, Common Ownership Communities Program – This agency handles common ownership issues by maintaining relationships with association members, board members, management companies, and county governments.
  • ADR Request Form
  • Resale Disclosures and Fees – Condominiums and Homeowners Associations
  • Roberts Rules Cheat Sheet
• Montgomery County, Office of the Common Ownership Communities – This agency provides information and assistance with dispute resolution to board members, homeowners, management companies, residents, and tenants. All HOAs and condominiums must register with this office every year.
  • Common Ownership Community Manual And Resource Guide (2019)

Massachusetts

• Massachusetts Government Portal – Use this to look for government information according to the topic or agency.
  • Housing and Economic Development
  • Commission Against Discrimination
  • Massachusetts Consumer Affairs and Business Regulation
• Massachusetts Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Advocacy & Response Division
• U.S. Department of Housing and Urban Development – Massachusetts

Michigan

• The Michigan State Housing Development Authority – For alleged housing discrimination violations.
• Michigan Government Portal – Use this to look for government information according to the topic or agency.
• Michigan Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection

Minnesota

• Minnesota Government Portal – Use this to look for government information according to the topic or agency.
• Attorney General in Minnesota – The AG’s office counsels state agencies and represents the public interest.
  • Housing
  • Condominiums And Townhouse Associations
• Minnesota Secretary of State – Homeowners can access information on HOAs and condominiums.

Mississippi

• Mississippi Government Portal – Use this to look for government information according to the topic or agency.
  • Department of Human Services
• Mississippi Attorney General – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development – Mississippi

Missouri

• Missouri Government Portal – Use this to look for government information according to the topic or agency.
  • Department of Labor & Industrial Relations
• Missouri Attorney General – The AG’s office counsels state agencies and represents the public interest.

Montana

• Human Rights Bureau in Montana – For alleged housing discrimination violations.
• Montana Government Portal – Use this to look for government information according to the topic or agency.
  • Department of Labor & Industry
• Montana Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection Office
• U.S. Department of Housing and Urban Development – Montana

Nebraska

• Nebraska Government Portal – Use this to look for government information according to the topic or agency.
• Equal Opportunity Commission in Nebraska – For alleged housing discrimination violations.
• Nebraska Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
  • Nebraska Real Estate Commission Seller Property Condition Disclosure Statement
  • Property Management Requirement Overview
• Nebraska Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection
• U.S. Department of Housing and Urban Development – Nebraska

Nevada

• Office of the Ombudsman for Common-Interest Communities – This office assists homeowners and board members in common interest communities. Homeowners may file a complaint against a board member or unit owner using Form 530. For more information on HOA complaints, click here.
• Nevada Equal Rights Commission – For alleged housing discrimination violations.
• The State of Nevada ADA and Disability Resources helps individuals at the state level.
• Nevada Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection
• Nevada Real Estate Division – This agency offers educational resources related to community associations. Homeowners may also file a complaint against a community manager or registrant of the NRED using Form 514a.

New Hampshire

• New Hampshire Government Portal – Use this to look for government information according to the topic or agency.
  • Commission of Human Rights in New Hampshire
  • New Hampshire Housing Division
• New Hampshire Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection
• U.S. Department of Housing and Urban Development – New Hampshire

New Jersey

• HOA FAQs (New Jersey Department of Community Affairs) – Browse answers to commonly asked questions concerning HOAs, condominiums, and developers here.
• The Association Regulation Unit – This unit enforces select provisions of the New Jersey Condominium Act and the Planned Real Estate Development Full Disclosure Act that concern the association’s responsibility to:
  • Adopt and implement alternate dispute resolution procedures (ADR);
  • Comply with open public meeting requirements; and,
  • Give owners access to the association’s financial records at reasonable times.
• Association Regulation Information Packet and Complaint Form
• New Jersey Division on Civil Rights – For alleged housing discrimination violations.
• Department of Community Affairs – This agency offers information and other resources for homeowners in the state.
  • Disability Accommodation Rights for Homeowners
  • More information about common interest communities

New Mexico

• New Mexico Government Portal – Use this to look for government information according to the topic or agency.
• Attorney General in New Mexico – The AG’s office counsels state agencies and represents the public interest.
  • Homeowner Protection Program

New York

• New York Attorney General – The AG’s office counsels state agencies and represents the public interest. This office also reviews and approves offering plans for condominium buildings and cooperatives.
  • Condominiums
  • Cooperatives
  • Homeowners Associations
  • Before You Buy A Co-Op Or Condo
  • File a Complaint
• Department of State, Division of Licensing Services – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• New York Real Estate Finance Bureau (NYREFB) – This agency addresses complaints concerning violations by real estate offerors, including developers of HOAs, condominiums, and cooperatives. However, this agency does not address complaints that are not related to the sponsor or developer.

North Carolina

Refer to the following resources if you wish to file a complaint against HOA communities in North Carolina:

• North Carolina Housing Discrimination Section of the Civil Rights Division – For alleged housing discrimination violations.
• North Carolina Licensing Board for General Contractors – This agency oversees the licensure, discipline, and education of contractors.
• Real Estate Commission in North Carolina – This agency is in charge of real estate professionals’ licensure, discipline, and education.
  • Disclosure Statement
  • Q&As: Condos & Townhouses
• North Carolina Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Homeowners Associations

North Dakota

• North Dakota Government Portal – Use this to look for government information according to the topic or agency.
• Department of Labor & Human Rights in North Dakota – For alleged housing discrimination violations.
• North Dakota Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• U.S. Attorney’s Office, District of North Dakota – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development – North Dakota

Ohio

• Ohio Government Portal – Use this to look for government information according to the topic or agency.
  • Department of Commerce in Ohio
  • Ohio Civil Rights Commission
• Ohio Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Laws Protecting Consumers

Oklahoma

• Oklahoma Government Portal – Use this to look for government information according to the topic or agency.
  • Department of Commerce in Oklahoma
• Oklahoma Attorney General – The AG’s office counsels state agencies and represents the public interest.
  • Consumer Protection
  • Office of Civil Rights Enforcement

Oregon

• Oregon Government Portal – Use this to look for government information according to the topic or agency.
  • Department of Consumer & Business Services
  • Oregon Housing Authorities
  • Oregon Civil Rights Division

Pennsylvania

• Pennsylvania Government Portal – Use this to look for government information according to the topic or agency.
• Human Relations Commission – For alleged housing discrimination violations.
• Disability Rights Pennsylvania – This agency assists citizens with disabilities, including addressing discrimination and compliance issues.
• Pennsylvania Bureau of Consumer Protection – Homeowners may file a complaint with this bureau for issues related to meetings, voting, quorums, proxies, and association records.
• Pennsylvania Attorney General – The AG’s office counsels state agencies and represents the public interest. Planned communities operating under the Planned Communities Act must register with the AG’s office and deposit a bond or letter of credit.
• Pennsylvania Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• Pennsylvania Department of State – Homeowners can access information on HOAs and condominiums.

Rhode Island

South Carolina

• South Carolina Government Portal – Use this to look for government information according to the topic or agency.
• Human Affairs Commission in South Carolina – For alleged housing discrimination violations.
• South Carolina Department of Consumer Affairs – This agency collects complaints from homeowners against their HOAs. It also provides assistance with voluntary mediation.
• Attorney General in South Carolina – The AG’s office counsels state agencies and represents the public interest.

South Dakota

• South Dakota Government Portal – Use this to look for government information according to the topic or agency.
• State Commission of Human Rights – For alleged housing discrimination violations.
• South Dakota Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education. It also administers the Real Estate Licensing Act, the Timeshare Act, the Condominium Act, and the Subdivision Act.
• South Dakota Attorney General – The AG’s office counsels state agencies and represents the public interest.
• South Dakota Secretary of State – Homeowners can access information on HOAs and condominiums.
• U.S. Department of Housing and Urban Development – South Dakota

Tennessee

• Tennessee Government Portal – Use this to look for government information according to the topic or agency.
  • Protecting the Interests of Homeowners: An Overview of Concerns Related to Homeowners Associations
  • Tennessee Housing Development Agency
• Tennessee Attorney General – The AG’s office counsels state agencies and represents the public interest.

Texas

How do I file a complaint against an HOA in Texas? You may look through the resources below.

Utah

• Utah Government Portal – Use this to look for government information according to the topic or agency.
• Antidiscrimination and Labor Division – For alleged housing discrimination violations.
• Utah Attorney General – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development – Utah

Vermont

• Vermont Government Portal – Use this to look for government information according to the topic or agency.
• Human Rights Commission – For alleged housing discrimination violations.
• Vermont Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• Vermont Attorney General – The AG’s office counsels state agencies and represents the public interest.
• Secretary of State in Vermont – Homeowners can access information on HOAs and condominiums.
• U.S. Department of Housing and Urban Development – Vermont
• Agency of Commerce and Community Development
  • Resources for Homeowners

Virginia

File a complaint against HOA communities in Virginia using the following resources:

• Virginia Government Portal – Use this to look for government information according to the topic or agency.
• Office of the Common Interest Community Ombudsman – This agency offers information and help regarding the rights and processes available to homeowners in HOAs and condominiums.
• Virginia Department of Professional and Occupational Regulation – This agency regulates and distributes licenses to HOA management companies.
• Attorney General of Virginia – The AG’s office counsels state agencies and represents the public interest.
• Virginia Fair Housing Office – For alleged housing discrimination violations.
• Common Interest Community Board – This board regulates community managers and certain employees of licensed management companies. Associations in Virginia must file annual reports with this board.

Washington

• Government Portal for Washington – Use this to look for government information according to the topic or agency.
• Washington State Human Rights Commission – For alleged housing discrimination violations.
• Washington Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• Office of the Attorney General – The AG’s office counsels state agencies, represents the public interest and enforces fair debt collection laws.
• Washington Secretary of State – Homeowners can access information on HOAs and condominiums.
• U.S. Department of Housing and Urban Development – Washington

West Virginia

• West Virginia Government Portal – Use this to look for government information according to the topic or agency.
• Human Rights Commission – For alleged housing discrimination violations.
  • Frequently Asked Questions In Discrimination Complaints
• West Virginia Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• Office of the West Virginia Attorney General – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development – West Virginia

Wisconsin

• Department of Workforce Development Equal Rights Division – For alleged housing discrimination violations.
• Wisconsin Government Portal – Use this to look for government information according to the topic or agency.
• Department of Justice in Wisconsin – The AG’s office counsels state agencies and represents the public interest.
• U.S. Department of Housing and Urban Development – Wisconsin

Wyoming

• State Wyoming Government Portal – Use this to look for government information according to the topic or agency.
• Wyoming Attorney General – The AG’s office counsels state agencies and represents the public interest.
• Wyoming Real Estate Commission – This agency is in charge of real estate professionals’ licensure, discipline, and education.
• U.S. Department of Housing and Urban Development – Wyoming

How to File a Complaint Against HOA at the Federal Level

• U.S. Department of Housing and Urban Development – HUD is responsible for enforcing the Fair Housing Act. Homeowners may direct alleged housing discrimination complaints to this agency.
• United States Department of Justice Civil Rights Division – This division is responsible for enforcing the Americans With Disabilities Act.
• Federal Trade Commission – This commission is responsible for enforcing the Federal Fair Debt Collection Practices Act.
• Consumer Financial Protection Bureau – This agency enforces a number of consumer financial laws at the federal level, including the Fair Debt Collection Practices Act and the Servicemembers Civil Relief Act.

How to File a Complaint Against a Homeowners Association

Many HOA communities have internal procedures for handling homeowner complaints. Typically, these procedures involve the following steps:

1. Homeowners will submit an HOA complaint letter or fill out a complaint form.
2. The HOA board or manager will review the complaint and decide whether it warrants any action.
3. With the help of a community manager and lawyer, the HOA board will decide what action to take to resolve the complaint in compliance with state laws and the association’s governing documents.
4. The HOA board or manager will communicate the resolution to the complainant.

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.

Can HOA Ignore Complaints?

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.

What to Do If HOA Does Not Respond

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:

• Exhaust all communication channels. Board members and managers can be busy with mountains of work. They might not have opened your letter or seen your email. As such, make sure to exhaust all forms of communication first before taking any further action. You should also consider attending a board meeting and raising your concern there.
• Understand your governing documents. Your bylaws and CC&Rs may contain crucial information regarding your HOA’s complaint process. Furthermore, these documents may already have the answer to your complaint or question. Homeowners should familiarize themselves with the governing documents for a smooth experience.
• Rally other homeowners. If your complaint or concern is something that a lot of homeowners share, consider starting a petition and submitting that to the HOA board. There is strength in numbers, and this will signal to the board that the issue is worth investigating.
• Don’t stop paying dues. You may feel tempted to stop paying your HOA dues as a form of revenge or until your complaints are resolved. This is a bad idea. Your HOA can exercise collection or enforcement actions against you for nonpayment. You may even lose your home to foreclosure.
• Consult a lawyer. As a last form of remedy, you may want to seek legal advice.

How to Report HOA Abuse of Power

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.

Can You Take Legal Action Against an HOA?

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.

Now You Know How to File a Complaint Against HOA

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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