It is not uncommon for boards to field HOA complaints from residents. Complaints can stem from a number of different reasons, but it is important to understand how to resolve them. Internal conflict resolution can help reduce lawsuits and keep residents satisfied.
Understanding HOA Complaints
In an HOA or condominium, a board of directors governs the community. This board is responsible for managing operations, enforcing the rules, and collecting dues, among other duties. It is also responsible for making decisions that benefit the association.
Every now and then, these decisions or actions can spark conflict among residents. Owners can disagree with the board, especially when the board makes an unpopular choice. Some complaints arise from suspicions of mismanagement or from residents simply thinking the board is doing a poor job of managing the community.
Most Common Complaints Against HOA
When residents file a complaint against the HOA, it usually falls under one of the following reasons.
- Inconsistent Rule Enforcement. Complaints can arise when residents perceive that the board is selectively applying, or even weaponizing, the rules against certain people while ignoring others.
- Excessive or Rising Fees. Residents can grow frustrated over frequent dues increases or unexpected special assessments without a clear explanation of where the money is going.
- Unreasonable Fines and Penalties. Rule violations often result in fines, but strict or unreasonable penalties for minor issues can prompt complaints.
- Poor Maintenance. When the board or management company fails to adequately maintain common areas, residents might lodge a complaint against the HOA.
- Lack of Communication. Complaints can grow when the board illegally makes decisions behind closed doors, denies access to association records, and keeps residents in the dark.
How to Resolve Homeowners Association Complaints
According to 18VAC48-70-50, associations must have a written process for handling complaints. Here are the steps to follow.
1. Receive Complaint in Writing and Acknowledge Receipt
If a homeowner wants to file a formal complaint against the association, they must submit it in writing. A phone call or casual conversation is not enough. If the association requires owners to use a specific complaint form, it must provide a copy when asked.
Once the association receives the complaint, it must send written confirmation within 14 days. This is simply a receipt acknowledging that the board received the complaint.
Additionally, the complaint policy can require supporting documents. These include photos, correspondence, meeting minutes, and copies of governing documents. If the owner knows which law or rule was violated, they should identify it.
Finally, the complaint policy must let owners know how to contact the Virginia Office of the Common Interest Community Ombudsman.
2. Review Basis of Complaint
Not every complaint falls within the association’s authority. Examples of association matters include maintenance of common areas, rule enforcement, architectural decisions, financial concerns, and access to records.
Yet, some residents may complain about personal disputes with neighbors, criminal issues, or municipal code violations that aren’t covered by the association. If the issue falls outside the association’s authority, the board should clearly explain that to the homeowner and direct them to the appropriate body.
3. Investigate the Facts
Board members must then gather all relevant information before making a decision. This includes reviewing the governing documents, examining contracts, inspecting properties, reviewing maintenance records, or speaking with key witnesses.
If the complaint is incomplete, the association may ask for additional information. The association can also establish a deadline for providing that information.
4. Discuss at a Board Meeting
If the complaint is significant, the board must discuss it at a properly noticed board meeting. Depending on the issue and state laws, portions of the discussion may even occur in executive session. The board must also document the discussion and any decisions in the meeting minutes.
According to Virginia law, if the board will review the complaint at a meeting, the owner must receive at least 14 days’ notice of the meeting’s date, time, and location. The only exception to this is if everyone agrees to a shorter notice period.
5. Make a Decision
When making a decision, the board should check if the complaint has merit. It must decide whether corrective action is necessary and what specific action to take. As with everything else, actions must align with state laws and the governing documents.
6. Communicate the Outcome
After reaching a decision, the board must send its written determination to the complainant within seven days. Keep in mind that the final decision can’t simply say “approved” or “denied.”
Instead, it must explain the decision, cite the applicable laws, regulations, governing documents, or policies, and include the association’s registration number. If the association has a licensed manager, the manager’s license number must also be included.
If the owner disagrees with the decision, the notice must explain how to contact the Ombudsman.
7. Implement the Action
If action is required, the board must ensure it follows through. For example, the board may need to schedule repairs or address a rule enforcement issue. Sometimes, the board will have to direct its management company to take action.
Best Practices for Dealing With HOA Complaints
For associations, complaints are par for the course. They help give owners a voice, allowing them to call the board’s attention to an important issue. On their part, board members must employ the best strategies for dealing with HOA complaints.
1. Adopt a Formal Policy
Every association should have a written policy for lodging and addressing complaints. This policy should explain how to file complaints and whether owners can appeal a decision. It should also include response timelines.
2. Treat All Owners Consistently
Boards should take every complaint seriously. It must not disregard a complaint just because it’s from a particular owner. Consistent and fair enforcement of the policy is paramount.
3. Keep Detailed Records
Proper documentation is essential when handling HOA complaints. Boards should keep records of all complaints, correspondence, meeting minutes, notices, and decisions. These documents create a paper trail and can prove useful in a lawsuit.
4. Avoid Discussing Complaints on Social Media
Board members must never air the association’s dirty laundry online. Taking to social media will only cause internal and legal problems for the association.
5. Maintain Professionalism
When handling complaints, boards should always maintain professionalism. There is no room for bias, favoritism, or vendettas. Allowing things to get personal will only exacerbate the issue.
6. Consult Legal Counsel
When in doubt, board members should seek advice from a legal professional. This is especially important if the dispute involves potential liability for the association.
7. Consider Alternative Dispute Resolution
Alternative dispute resolution can prove helpful when the internal process fails. Mediation and arbitration are often quicker and less expensive than a full-blown lawsuit.
How to Handle Frivolous or Groundless Complaints
Complaints are nothing new to associations, but it is important to distinguish serious complaints from those without merit. Some residents can be temperamental, finding any excuse to antagonize the HOA or its board. They can find fault even in the smallest matters.
While it’s easier to dismiss baseless complaints, boards must exercise caution. These complaints must still be treated with respect and professionalism. Ignoring them will only result in more complaints from the same owner.
Instead, the board should provide a standard response. If the issue has already been resolved, inform the owner accordingly. If it is out of the association’s control or authority, let them know in writing.
Of course, sometimes, a canned response will aggravate the resident further. When this happens, the board should proceed with care. Gently let the resident know that the board has already addressed the issue and won’t entertain further complaints of the same nature.
Documentation is crucial here. If the resident is particularly litigious, these records and communication logs can help strengthen the board’s defense.
How to File a Complaint Against a Condo Association or HOA
If a homeowner has a problem with the association, it is best to approach the board or manager directly. Follow the internal complaint or conflict-resolution process, which usually involves submitting a written form.
If that doesn’t work, ADR can offer effective results. Lawsuits should only be a last resort, as they can be time-consuming and costly. Furthermore, lawsuits can drain the association’s funds, adversely affecting even the plaintiff.
For a formal complaint against homeowners association, owners can turn to the Virginia Office of the Common Interest Community Ombudsman. After completing the association’s complaint procedure, an owner may file a notice with the Ombudsman. The Ombudsman can review whether the association followed applicable laws and procedures.
That said, the Ombudsman can’t overturn board decisions, award damages, or force a settlement. This office does not act as a judge. Instead, the office primarily reviews compliance with Virginia’s common interest community laws.
A Professional’s Touch
Navigating HOA complaints can be a confusing and taxing process, especially for volunteer boards. While seeking advice from an attorney can help, HOA management companies offer more comprehensive assistance.
Keymont Community Management offers expert management services to associations in Virginia, Maryland, and Washington, DC. Call us today at 703.752.8300 or request a proposal to start your journey!
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