When HOA Management Companies Go Wrong: How to File a Complaint

Homeowners associations (HOAs) are meant to provide a sense of community and help maintain a neighborhood’s appearance and value. However, when an HOA management company fails to meet their obligations or acts inappropriately, it can cause significant problems for homeowners. If you find yourself in this situation, it’s important to know how to file a complaint against the HOA management company.

HOA Management Complaints

If you have encountered any issues with your HOA management company and want to take a proactive step, you may be wondering how to file a complaint against them. It is crucial to research and gather evidence before contacting your state’s regulatory agency or an attorney to initiate the complaint process and address any concerns you may have. Following the correct procedure will help ensure your complaint against the HOA management company is handled appropriately and effectively.

If you do plan on following through, make sure you have your facts straight and all the necessary information to do so. We’ve provided some basic guidelines throughout this article so you can be prepared if you decided to file a complaint against your HOA management company.

Identify the Issue

Before filing a complaint, it’s crucial to identify the issue and gather evidence to support your claim. Some common problems with HOA management companies include:

Failure to maintain common areas
Mismanagement of funds
Ignoring bylaws or regulations
Failing to communicate with homeowners
Discrimination or harassment

Once you have identified the issue, gather any relevant documents, emails, or other evidence that can support your complaint.

Check Your HOA’s Bylaws

Before filing a complaint, review your HOA’s bylaws to see if they outline a specific process for filing complaints. Many HOAs require complaints to be made in writing and submitted to the board of directors.

Contact the HOA Management Company

If your HOA’s bylaws do not provide a specific process for filing a complaint, the next step is to contact the HOA management company. Explain the issue and provide any evidence you have gathered. Ask what steps they will take to address the problem.

If the HOA management company fails to take appropriate action, you may need to escalate the complaint.

File a Complaint with the State

If the issue is serious and cannot be resolved through the HOA management company or the board of directors, you can file a complaint with the state agency that regulates HOAs. In most states, this is the Department of Real Estate or a similar agency.

Provide a detailed explanation of the issue and any evidence you have gathered. The state agency will investigate the complaint and determine if any action is necessary.

Consider Legal Action

If the issue is particularly egregious and has caused significant harm, you may need to consider legal action. Consult with an attorney who specializes in HOA law to determine your options.

Conclusion

Filing a complaint against an HOA management company can be a daunting process, but it’s essential to protect your rights as a homeowner. By identifying the issue, gathering evidence, and following the appropriate procedures, you can hold the management company accountable and ensure that your community remains a safe and pleasant place to live.

Posted

June 21, 2023

Board Member Advice

HOA Board Expert

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Comments

2 responses to “When HOA Management Companies Go Wrong: How to File a Complaint”

Debbie Sutcliffe

September 29, 2023

I own my home in a small condo neighborhood in MA, but our current property management company is in NH.

My HOA seems to have given full authority to threaten, harass, and most recently begun fining me $25/day for a situation that developed last year due to the neglect of the previous mgmt. company.

There is clear evidence that I am being singled out after denying my then new neighbor’s request to put an addition on their home.

My research clearly showed if I agreed to their addition my home’s value would be greatly reduced.

Long story short, I made enemies on the Board and beyond by exercising my right of refusal.

I am still being singled out in various situations that the current Board and Property Mgmt. Co. refuse to consider the very clear evidence that I am in compliance.

I’ve spent approx. $10,000 defending my position on the “addition” debacle; and on the most recent unresolved issue, to no avail.

I have asked my accusers to have their lawyer contact me as I will only supply all of my documentation to their counsel, including a video of 2 Board members publicly threatening me, one clearly screaming that they will hit me “with so many fines you’ll pay for all the money we spent to repair your roof!”.

Bottom line I need the help of an authority that can “advise” the property manager if they are ever going to stop abusing the authority the Board has given then.

I am in a no-win mess with these “authorities” and I’m certain they are breaking a law or two thinking I will not pursue remediation.

QUESTION:
Do I pursue this in the state of NH, or MA where I reside?

I cannot afford to hire a lawyer again, nor should have to.

Reply
1. admin
  
  April 2, 2024
  
  Sorry to hear about your situation! The best case from here is settling this out of the courtroom. Both parties would need to agree, but arbitration with a professional arbitrator may be the best course of action for this situation, especially if you are looking to avoid, or cannot afford legal fees.
  
  Reply