Membership in a homeowners' association (hereinafter referred to as HOA) and its governing bodies is recorded in the organization's accounting books and determines the legal status of the owner of real estate in an apartment building.
To join and leave the HOA, you must submit an application addressed to the chairman of the partnership. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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How to complain about an HOA
If a citizen tried to resolve a conflict situation with an HOA peacefully, but was unable to do so, it is necessary to understand where to send a complaint against this organization. The sample document is not reflected in the current legislation.
It is implied that a free form can be used to draw up this act.
It is not necessary to have a legal education to file a complaint. It is enough to study the provisions of the laws, including the Housing Code of the Russian Federation. The essence of the problem is stated in the complaint clearly, concisely, but completely.
Where to file a complaint about the HOA
Speaking about where to file a complaint against a homeowners' association, it should be noted that there are several options.
A citizen can use the following methods of appeal :
- send an application to the chairman of the partnership. This person is the head of the HOA;
- submit a complaint to Rospotrebnadzor;
- generate and send a document to OBEP;
- send an application to the State Housing Inspectorate;
- submit the report to the prosecutor's office.
You can also complain about the actions of the organization in question by contacting a judicial authority.
Rules for filing a complaint against an HOA
After the citizen has decided where to file a complaint against the HOA, he needs to begin drawing up the document. The name should be indicated so that the essence of the document is stated in it. This is necessary so that the act is transferred to the appropriate department of the authorized body for consideration.
Next, the basis on which the appeal is built . For example, on the inaction of members of the partnership. It is also advisable to indicate whether the premises are owned or the citizen is a tenant.
It will be a plus if you write in the document the details of the contract on the basis of which the house is managed. When drawing up an act, you need to indicate which provisions of the law have been violated . The circumstances of the incident are reflected in detail, referring to Article 161 of the RF Housing Code.
It is imperative to specify what expresses the unlawful nature of the partnership’s actions. It could be:
- carrying out poor-quality cleaning in premises classified as common;
- failure to comply with requirements during snow removal;
- violation of rules when removing garbage;
- provision of poor quality services;
- inability to call plumbers.
Important! It is mandatory to indicate the consequences resulting from the commission of such actions by members of the partnership. The citizen also needs to reflect his requirements. For example, a complaint against the chairman of the house is aimed at recovering damages caused.
Reasons for filing applications
It doesn't have to be associated with a complaint. Sometimes citizens use such a document to convey some proposals.
The reasons for compiling the paper are divided into three separate groups:
- complaints (claims);
- offers;
- applications.
Examples of the most frequent requests:
- Bay of the apartment. Alas, this is a typical situation, and the HOA should deal with the problem. It doesn't matter who is to blame for the flooding. Call a technician and fix the problem. The appeal is drawn up in the usual, standard form. The owner indicates at the top of the addressee’s paper the name of the HOA and the name of the chairman. Then he emphasizes where exactly he lives, his data (full name, mobile or home phone number). Describes the problem.
- No heating. When the season has officially begun, and there is no heat in one particular apartment, the resident has the right to notify the HOA. In the text of the appeal, he indicates exactly how rights were violated, and in addition describes the problem. That the radiators are cold, the neighbors (after questioning) have heat. Perhaps, on the contrary, the house is not heated, then the problem is much more serious and should be addressed immediately.
- Roof leak. The association is required to maintain the entire building, including the roof. If a leak is detected and water is actively penetrating into the home, treatment is necessary.
- Container transfer. When trash cans are placed close and the smell bothers people. The Partnership may move them further if necessary.
- The wiper is not working. Residents of the building have the right to demand that all hired employees perform their duties. After all, their salaries are calculated from regular payments from the owners.
- Mold has been found, there is a leak, the riser needs to be replaced. Such troubles fall under the jurisdiction of the board, so residents have the right to demand an explanation and solution to the problem.
- No repairs. All repair work is carried out using funds provided by residents. They chip in, and if subsequently the promised reconstruction did not happen, the head of the HOA must explain himself.
As you can see, there are enough reasons to submit an application. For the most part, these are domestic situations, and they are resolved peacefully. However, sometimes a small conflict can unexpectedly develop into a real confrontation. Then other authorities (police, prosecutor's office) intervene.
Important: in addition to complaints, there are positive reasons for a citizen to write an appeal. For example, a request to provide him with information regarding common property or basic documents. Suggestions related to general problems or management systems. For example, plant more trees in the area near the house.
Complaint against the chairman
A collective complaint against an HOA, like an individual appeal, can be filed with different authorities. Regardless of what essence is written in the document, the board of the partnership must give an answer to it. The highest body of the HOA is the general meeting of its members. He is given the full breadth of powers. A complaint against the chairman of the HOA may be considered on the meeting agenda.
The document reflects that this person does not fulfill the duties assigned to him by the charter of the partnership. You can also complain about the actions of contractor organizations whose work is controlled by the chairman.
The HOA's response time to an owner's complaint is standard and is 30 days.
A complaint is filed with the board if additional services are imposed on citizens or fees are charged that are not reflected in the provisions of the executed agreement between residents and the HOA.
Please note : most often the document is considered by the partnership in favor of the tenant, since it is easier to resolve the issue with one citizen than to wait for the dissatisfaction of many people.
Complaint to Rospotrebnadzor about HOA
You can complain about the house manager to the regional office of Rospotrebnadzor . This body is vested with the authority to oversee issues related to the provision of utility services, as well as the activities of homeowners’ associations.
The HOA has the responsibility to comply with current legislation. When complaining about the work of this organization, you need to indicate which provisions of the law are being violated. This document reflects similar information to that stated above.
Important! It is mandatory to attach written evidence to the complaint that confirms the applicant’s position.
The authorized body provides a response within 30 days. The result of the review is the application of liability measures to members of the HOA board if their unlawful behavior is proven.
Contacting Rospotrebnadzor through State Services
When using this option, the time frame for receiving a response to the complaint does not increase. To send a request, you must first register on the portal.
The complaint is formed based on the following questions::
- inaction of the HOA in the presence of an application against neighbors;
- untimely supply of heat to residential premises;
- appealing the actions of the chairman of the partnership.
Also, the appeal may be related to determining the organizational and legal status of the HOA.
Positive and negative aspects of HOA membership
Before joining a partnership, you need to evaluate the pros and cons of membership. Only the accountant and the chairman and members of the board receive salaries in the HOA. Other representatives of this organization are not entitled to remuneration.
The basis for payment is the decision of the general meeting of the HOA. The financial advantages of membership in an HOA can manifest itself in the fact that a citizen does not pay housing and communal services.
The positive points are:
- the ability to influence the resolution of issues related to the management of the house;
- interaction with various local authorities, which allows reducing costs and time for providing services in the housing and communal services sector;
- creating a favorable environment in the house, in particular, by renovating entrances;
- competent distribution of financial resources located in the general fund;
- organization of control over the activities of work carried out in the premises.
The disadvantages are that in practice it is difficult to make a single decision, as conflicts occur. The reason for this is the residence of representatives of different social groups in the same house. In addition, resolving issues independently entails the need for financial investments.
Consequences of becoming a member of an HOA
After a citizen becomes a member of an HOA, this action entails certain consequences. They are expressed in the form of powers and obligations, negative and positive aspects reflected above. The process of joining the ranks of the partnership is voluntary, this indicates the possibility of refusing to participate in the activities of the organization .
In this case, the person is not deprived of the opportunity to receive information regarding the management of the house and appeal the decisions made by the HOA. This applies to accounting-type documentation, minutes of meetings, and technical acts.
The provisions of Article 138 of the Housing Code of the Russian Federation indicate that legal relations between persons who are not members of the partnership and the HOA are formed on the basis of civil law norms.
These rules are used when deciding on the payment of fees for the use of premises and holding individual events. According to established practice, becoming a member of an HOA is recommended for those citizens who have a desire to take an active part in the life of their home.
Contacting the tax office with a complaint about the HOA
The Federal Tax Service is empowered to exercise supervision and control over the implementation of legislation in the field of taxation.
If circumstances are revealed that confirm that members of the HOA are committing actions aimed at evading taxes or carrying out illegal business activities, a complaint is filed with the tax office.
There are the following options for submitting an application:
- when using postal services;
- by fax;
- during a personal reception.
Currently, HOAs pay minimal taxes, since all incoming funds are spent on paying for services provided to citizens. However, some partnerships file a zero declaration, which is not correct. Federal Tax Service employees will organize a review of all HOA documentation on income and expenses. If a violation is detected, employees take enforcement action.
Thus, when filing a complaint against a partnership, it is necessary to follow the established rules. Otherwise, the decision may be that the document cannot be accepted by the authorized body. You can contact the tax office to appeal the actions of the HOA only if there is evidence of violations in the field of taxation.
Procedure for admission
So, the document is ready, what next? It is advisable for the author to find some competent witness willing to confirm the existence and severity of the problem.
For example, if the problem concerns plumbing (a pipe burst, flooding), call a professional. Let him, after reading the paper, sign at the bottom.
It happens that there are no specialists/they don’t agree/the problem is different. Then the applicant will be helped by third-party witnesses - the closest neighbors. It is enough to describe to them what happened and demonstrate the consequences. Then show them the written complaint. Let them, after reading it, sign below. There is no need to notarize such applications. Enough with witness signatures and literate text.
