How to File a Complaint Against an HOA (50-State Guide)

Homeowners Associations (HOAs) are meant to keep property values high and maintain community standards, but sometimes HOA Boards overstep their power and things go wrong.

Most homeowners don’t realize that you may be able to file a complaint against your HOA, and you can take legal action against your HOA. However, it’s best to try and resolve the issue internally by discussing it with the HOA board or management before escalating. Lawsuits can be expensive and time-consuming, and some states require you to go through dispute resolution before filing a lawsuit.  

In this article, we cover the following ways to resolve your problem with an HOA:

1. Follow internal complaint procedures. 

2. Send a demand letter.

3. File a complaint with a government agency.

4. Sue in small claims court. 

Did you know we have a free tool powered by AI that helps you create a demand letter to an HOA? Check out our demand letter tool.

Here is some quick background information on HOAs before we begin: 

• HOAs are groups that make and enforce rules and take care of shared spaces in private communities, like condos and single-family homes.

• HOAs manage common areas and sometimes offer services like trash pickup, but their main job is to protect the community's property values.

• HOAs govern themselves by enforcing the community's rules, usually written in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).

• CC&Rs are a set of rules that state how an HOA functions. They explain what the HOA can do, what rules homeowners must follow (like fence height and placement), and what happens if someone breaks the rules. Each HOA has CC&Rs. Besides the CC&Rs, most HOAs have bylaws that explain how the HOA is managed, and they may also have rules made by the HOA board.

• When homeowners buy a house in the community, they agree to follow these rules and allow the HOA to give fines if the rules are broken.

• Occasionally, tensions arise between HOAs and homeowners who think their HOAs have overstepped their bounds.

• It is important to note that depending on which state you reside in, Homeowners Associations (HOA) may also be known as Property Owners Associations (POA), Condominium Associations, Townhouse Boards, etc. Make sure you know the correct legal term in your state as you prepare to file a complaint against your HOA or suing in small claims court. 

1. Review and Understand your HOA’s Covenants, Conditions, and Restrictions (CC&Rs), HOA Rules, or Bylaws. Reviewing your HOA’s regulations will ensure your complaint is valid under these rules.

2. Document Everything. Keep records of all communications, meetings, and any relevant documentation. For example, opt for email communication with your HOA Board so that all conversions are in writing, as this will be part of your evidence should you need it. 

3. Read threads and reviews (Reddit, Nextdoor, etc.) of other homeowners who have had problems with your HOA, as this can demonstrate a pattern of abuse by your HOA Board. Also, consider reviewing Reddit threads of other homeowners outside of your community who have had experience filing complaints and/or lawsuits against HOAs so you have an idea of what to expect.

4. Communicate directly with the HOA. Start by discussing your issue with the HOA board or manager. Most problems are solved through communication. Try to communicate in writing as much as possible in case you need to refer to these communications as evidence later.

5. File a Formal Complaint with the HOA. If direct communication fails, file a formal complaint with the HOA board. Review your HOA’s CC&Rs to understand the proper procedures established by the HOA. Some HOAs don’t have internal complaint procedures. 

6. The HOA may then review your complaint and follow the process stated in the CC&Rs. If the HOA doesn’t follow the process for resolving complaints in the CC&Rs, document this as you may need this evidence later on.  

7. Use Social Media and Reviews. Use social media to voice your complaint and warn other residents. You may find that other homeowners have faced similar situations with the HOA as they may help find a solution.  

8. Escalate the Complaint: If you do not agree with the HOA resolution of the complaint you submitted to the HOA Board, you may be able to file: (1) A formal complaint with a government entity against the HOA (more on this below), (2) Send a Demand Letter to the HOA, and/or (3) file a lawsuit against the HOA in Small Claims Court. More on these 3 options below. 

Consider sending a demand letter after you have tried communicating with your HOA and the problem remains unresolved. A demand letter is a formal letter to your HOA demanding that the HOA take action on an issue you would like resolved.

Here are some reasons why you should consider sending a demand letter to your HOA:

1. A demand letter signals to the HOA that you are serious about the issue and willing to take action to resolve it. Many problems are resolved by simply sending a demand letter.

2. If you file a lawsuit against the HOA, the judge may ask if you tried to resolve the problem out of court. By sending a written demand letter, there is a record of your attempt to resolve the problem out of court that you can include in your evidence. 

3. A demand letter will also help you organize your facts and evidence and create a timeline of events. This will help you remain consistent and factual as you go through the steps to resolve your complaint. 

Did you know we have a free tool powered by AI that helps you create a demand letter to an HOA? Check out our demand letter tool.

Here is a video on how our demand letter tool works: 

While it depends on the state, in general, we have found that the main government agencies that usually handle complaints against HOAs are:

• State Attorney Generals, 

• State Departments of Real Estate, 

• State Office of the Ombudsman for Common-Interest Communities, 

• State Office of Consumer Protection, and 

• State Office of Business and Professional Regulations. 

Please note that in most states, government entities do not take complaints against HOAs too seriously (or even handle them). Each state’s legislature determines whether a government agency will have the power to regulate an HOA. It is important to know that government entities see most problems with homeowners’ associations (HOAs) as private issues to be dealt with in civil courts, like small claims courts, rather than the government having to step in to help resolve the issue. This means that the government expects you to handle your complaint against your HOA by hiring a lawyer or going to court. 

The California State Attorney General's website makes this point clear: "If you are having issues with your HOA, you may wish to review the HOA’s rules to see what recourse you may have. You may also consider consulting with an attorney regarding your legal options.”

We reviewed how several states handle homeowner complaints against HOAs in the table below:

In some states, county agencies (not State agencies) might take care of HOA complaints. If you don't find a state office, check with your county. 

Know of a state that handles complaints against an HOA that we didn’t include? Email us at [email protected]. 

While you can always sue an HOA, whether you will win against your HOA depends on whether you have a good legal reason, also known as a valid legal claim. For example, if the HOA consistently acts in violation of the CC&Rs and you can prove it, you may have a valid legal claim and win.  

Before suing the HOA, consider the following steps: 

1. Review your HOA’s CC&Rs. Sometimes the HOA rules (CC&Rs) state you have to use binding arbitration instead of going to court. If your CC&Rs have this rule, contact your HOA to start the arbitration process instead of suing. Determine who is truly responsible for what happened. For example, if you live in a townhome and have water damage from burst pipes, determine whether the pipes belong to your neighbor or the HOA. If the pipes belong to your neighbor, you would need to sue your neighbor for the property damage and not the HOA. 

2. Send a demand letter to the HOA. Many issues are resolved at the demand letter step without spending further time and money.

Small claims court is often called the “People’s Court” because of its informal process, user-friendly procedures, and low cost. Unlike other types of courts, in small claims courts, you may be able to bring disputes without needing a lawyer. In some states, lawyers cannot represent the parties at the small claims hearing. If you decide to file a lawsuit, here’s a guide on how to file a lawsuit in Small Claims Court against your HOA.

Did you know we have a free tool powered by AI that helps you create a demand letter to an HOA? Check out our demand letter tool.