How to Make a Complaint Against Your HOA Management

Homeowners Associations govern condominiums, townhomes and some neighborhoods.

The Homeowners Association (HOA) board is established to manage and govern communities such as condominiums, townhomes and even neighborhoods. This board is made of up residents who reside in the community and are typically elected to the positions by fellow residents. Additionally, the HOA board will sometimes hire a property management company to oversee property maintenance, advise the board, hire contractors and take care of basic day-to-day business operations. It is important to understand the difference between the HOA board and the HOA management company.

Instructions

1. 

   Request CC&R's and meeting minutes from your HOA.

   Obtain the most current covenants, conditions and restrictions (CC&R's) for the community. These rules and bylaws dictate how the community functions and provide guidelines for homeowners and board members. If the management company is violating these rules, their actions can be challenged in several ways. Search the HOA documents carefully, as there may be specific procedures residents must abide by to file a formal complaint.

2. Request to attend the next HOA board meeting to address your concern or complaint, making sure your comments and attendance are added to the meeting minutes.

3. File a complaint against the management company with the local Better Business Bureau (BBB). The BBB handles many types of complaints against businesses and can provide consumers with information on their rights and other resources for dealing with the situation.

4. 

   Real estate laws and jurisdiction vary by state.

   Contact the division of real estate in the state where the management company is located. Depending on the state, management companies may not be regulated by the division of real estate, which is part of Department of Regulatory Agencies (DORA). Other states (like Colorado) are regulated and have set up online resources to report violations (see link in References), and complaints may be filed for violations of real estate practices, laws or ethic standards. The Colorado Division of Real Estate accepts complaints regarding both the HOA board and the management company.

Tips & Warnings

• Be sure to keep detailed notes on phone conversations, meetings and all relevant paperwork to assist in your complaint process.

• Real estate laws and regulations vary by state. Contact the division of real estate within the state the violation took place.

References

• Realtor.com: What About the CC&Rs?
• Better Business Bureau: Homepage
• Colorado Division of Real Estate: HOA Frequently Asked Questions