How To You can file a complaint against the management company.
You can complain about the homeowners association management company.Your state may have an agency that investigates complaints.If you have a valid legal claim against the management company, you can file a lawsuit.You have to give the management company a chance to fix the problem before you do anything.
Step 1: If there is an emergency, call Housing Code Enforcement.
No heat or hot water is an emergency.The inspector should investigate.You should try to get a copy of the report.It should be kept for your records.
Step 2: You can read your CC&Rs.
You should have received a copy of the Covenants, Conditions, and Restrictions when you moved in.Take out your copy and read it.The process for filing complaints against management should be explained in these rules.You can ask for a copy of your CC&Rs if you don't have them.Many states require that you exhaust your remedies first, so you need to follow the complaint process in the CC&Rs.
Step 3: Write a letter.
You may have to complain in a letter.It should be a standard business letter.The Times New Roman 12 point is a good example.
Step 4: The problem needs to be identified.
In the letter, state what problem you are having with the management company.Provide as much information as possible.The management company might have denied you access to look at their books.I requested to review the books in person on September 1, 2016Section 12.3 of the CC&Rs gives all members a right to review the books, but Ms. Smith told me that I would need permission from the entire board.The entire board turned down my request at its monthly meeting.
Step 5: Send the letter.
Make sure you mail your return receipt to the homeowners association.The receipt serves as proof that the management received it.You should keep a copy of the letter for your records.
Step 6: You can complain to the management company.
You have to exhaust remedies in your CC&Rs before you can complain to a state or local agency.Follow the complaint process if you read your CC&Rs.
Step 7: You can find an office in your state.
You can find the office by searching for it on the internet.Nevada has a Department of Business and Industry.Some states may have county agencies that handle complaints against homeowners associations.You should check your county if you don't see a state office.
Step 8: The complaint form needs to be completed.
You can get a complaint form from your state.It's a good idea to fill it out neatly with black ink.If this person is not you, they will ask for your name, unit number, mailing address, and phone number as well as the association's location information.
Step 9: A sign is in front of a person.
You should find a public who will sign the form in front of them.Notaries can be found at the courthouse, your town office, or most large banks.You need to take acceptable forms of identification to prove your identity.A valid state-issued ID or passport is enough.
Step 10: You can submit the complaint.
The complaint form should be sent to the address provided.You should include a copy of the letter that you sent.Keep a copy of the return receipt and mail the entire complaint.
Step 11: The CC&Rs can be read.
You need to make sure you are allowed to file a lawsuit.In some cases, CC&Rs tell parties to submit to binding arbitration instead of litigation.If the CC&Rs you agreed to have have this type of provision, you should contact your homeowner's association to start the arbitration process instead of filing a lawsuit.Each party will present their case to a third party.At the end of the presentation, a written opinion will be drafted on who won and what the award was.Both parties will be bound by the decision of the arbitrator.
Step 12: Attorney fee provisions should be looked for.
Attorneys' fee provisions are included in most CC&Rs.If you lose a court case, you may have to pay the attorneys' fees.This could get very expensive if you have a long case.Even if the CC&Rs do not contain attorneys' fees provisions, some state statutes allow prevailing parties to recover their fees.Before you file a lawsuit, be aware of this.These provisions can work in your favor if you have a strong case.
Step 13: Pick out your legal claim.
You can file a lawsuit against your homeowners association.The following are typical legal claims that people bring against the management of an association.It might not be making necessary repairs or maintaining the common areas.The homeowners association fees are being used.You have a disagreement about something.If the CC&Rs are silent on the issue, you might want to file a lawsuit.The HOA discriminates against you based on your protected characteristic.
Step 14: You should document your complaint.
Evidence is needed to bring a successful lawsuit.You should gather evidence that supports your complaint.You can find communications between you and the management of the association.There are pictures or other visual evidence.You should document the repairs if they haven't been made.Your memories.Write down the date and substance of the conversation if you had one with the management.There are any medical records.It is possible that you have been injured by a defect that the management has not addressed.
Step 15: Determine the right court to file a lawsuit in.
It depends on what you are suing for.You might try to get money compensation.An injunction is a court order that requires the homeowner's association to do something or refrain from doing something.If you want to file a lawsuit for discrimination, you probably will file it in federal court.The Locator tool can be used to find the nearest federal court.State civil court is where you can file a personal injury lawsuit.If you want the judge to give you a sum of money as compensation, you will file a lawsuit in civil court.If you are trying to get an injunction, you might need to go to an equity court in your state.In most states, equity courts have merged with the regular civil court, but in a few states you still have to file an injunction in equity.
Step 16: Meet with a lawyer.
You might have a valid legal claim, but you don't know if you should file a lawsuit.Before you file a lawsuit, you might want to meet with a lawyer.The lawyer can listen to your complaint and advise you if you have a strong case.Contact your local or state bar association to get a referral to a lawyer.Ask the lawyer to schedule a consultation.Ask about the fees.The lawyer can represent you in the lawsuit.If the case is complicated, it is best to have an experienced attorney represent you.Money may be a concern.
Step 17: You can draft a complaint.
You need to file a complaint with the court.If there is a printed, fill-in-the-blank complaint form you can use, stop into your courthouse.You will need to draft your own if not.If you want the judge to give you money compensation or an injunction, you need to include the names of all the people who are bringing the suit.
Step 18: You can file a complaint.
Take copies of your complaint and the original to the court clerk.To file the original, ask.The filing date can be stamped by the clerk.Depending on your court, you will probably have to pay a filing fee.To find out the amount of the filing fee, try to call ahead of time or look online.You can ask the court clerk for a fee waiver if you can't afford a filing fee.
Step 19: You should serve notice of the lawsuit.
You have to give the homeowners association notice of your lawsuit.You can give notice by delivering a copy of the complaint andsummons to the court clerk.The sheriff can deliver the notice in one of the following ways.You can pay the sheriff a small fee to make hand delivery.A private process server can be hired.The process server will make hand delivery for a small fee.The process server can be found in your phone book or online.Someone older than 18 should make hand delivery.If they are not part of the lawsuit, any adult can make hand delivery.Don't ask your child who lives with you to make hand delivery.You could have a colleague deliver it for you.Send it to the management.You can send the complaint and summons by mail in some courts.Hand delivery is more ideal than mail.
Step 20: The proof of service should be filed.
A Proof of Service is a form that must be completed by anyone who makes service.This could be on the back of the summons.The court clerk can give it to you.The form is returned to you after you sign it.If you want to file the original with the court, you should keep a copy of your records.
Step 21: Read the response from the homeowners association.
The management of the association gets to respond to your complaint.They will respond to your allegations in an answer.Unless you have a lawyer, you should get a copy of the answer.Affirmative defenses allow the management to win the lawsuit even if all of your allegations are true.One affirmative defense is that you waited too long to file a lawsuit.If the management company raises affirmative defenses, you should talk to a lawyer.
Step 22: Continue with your lawsuit.
The same sequence is followed by most lawsuits.In discovery, you and the management company will swap information and answer questions under oath.Depending on the issues, a lawsuit can take up to a year.Sue a Homeowners Association has more information.