A homeowners' association (HOA) is created by a general vote of the owners of an apartment building in order to improve living conditions and control the condition of joint property. But in reality, the activities and decisions of the HOA do not always reflect the current interests of the residents. There are cases when the unlawful and selfish goals of the board of the partnership become an obstacle to the performance of the functions initially defined by the charter of the non-profit organization, or the opinion of the “majority” differs sharply from the opinion and capabilities of the other co-owners of the house.
You can defend your legitimate interests and resist the injustice caused by the actions of the HOA with the help of a complaint. It will have the greatest effect if the rules of compilation, submission and sufficient thoroughness of the requirements set out in it are observed.
Causes of disputes
It is understood that the form of government in the form of an HOA takes into account, first of all, the interests of the owners. But in practice this does not always happen. As a result, disputes arise between owners and board members. Their reasons may be :
- An increase in the cost of utilities that has no legal justification.
- Failure to perform routine or major repairs.
- Spending funds for purposes other than intended.
- Unauthorized making of important decisions.
- Failure to carry out repair work after an accident or deliberately delaying processes.
Any member of the partnership has the right to complain about the HOA.
The law in the current version of the Housing Code of the Russian Federation?
Currently, there are about sixty legal acts in force in Russia, which, one way or another, address issues related to HOAs. However, the fundamental document in this matter is the Housing Code of the Russian Federation, which came into force on March 1, 2005.
The Housing Code establishes the right and obligation to choose a form of management between three possible options - Housing cooperative, premises owners and the HOA itself.
The Housing Code establishes the procedure for paying for residential premises, ways to attract budget subsidies and the possibility of improving the house by carrying out major repairs. The current edition of the Housing Code establishes the procedure for creating an HOA, selecting a manager, as well as the process of liquidating the partnership through the courts. Find out how to start the HOA closure procedure here.
Where to complain?
If conflict situations arise, residents should first address questions to members of the HOA board. The supreme authority in this chain is the chairman. Any complaints can be submitted to his name. He, in turn, is obliged to consider them and answer the questions posed.
Lack of response to the owners’ statement or unwillingness to solve the problem that has arisen gives residents the right to appeal to higher authorities. Let's look at who controls homeowners' associations. You can file a complaint with the following authorities :
- Housing inspection.
- Rospotrebnadzor.
- The prosecutor's office.
- Judicial authority.
Each body has a number of powers to solve problems that arise within the HOA. Direct control over the activities of real estate owners' associations is carried out by the housing inspectorate. This organization has the right to influence the activities of the HOA by canceling measures already introduced or forcing the adoption of certain norms in the activities of the partnership.
Making comments at the general meeting
If the HOA’s performance of its duties raises questions among the owners, they have the right to write a complaint and announce it during the next meeting of residents. If the issue requires an urgent decision, you can initiate the convening of an extraordinary meeting. To do this, you need to develop an agenda for the event, notify other apartment owners and ensure the turnout of at least half of their total number.
The complaint addressed to the head of the HOA is drawn up in two copies. One remains with the defendant, the second, signed and registered by him, is returned to the author.
When the provisions of the complaint are announced, the HOA management has three business days to respond. It must be drawn up in writing, regardless of whether the partnership is ready to satisfy the wishes of the residents or not. Silence is a violation of the provisions of 59-FZ.
Practice shows that collective complaints more often receive a positive response than individual ones. To achieve what you want in a short time, it makes sense to collect signatures from as many homeowners as possible.
Reasons
Members of the HOA have the right to appeal to any higher authority with a complaint about the action or inaction of the chairman. There is no prohibition on contacting one or another organization. But it should be borne in mind that the effectiveness of resolving individual issues depends on the authority. Each organ has its own focus and solves specific problems. Where to send complaints for various reasons:
| Instance | Reasons |
| To the Chairman of the Homeowners Association | Any related to HOA work |
| To the housing inspection |
|
| To Rospotrebnadzor |
|
| To the prosecutor's office | Violation of legislative norms in the field of provision of consumer services and housing law. |
| To court | Property and non-property disputes. |
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.
How to write an application?
When contacting the chairman of the HOA or any of the listed authorities, the applicant must adhere to several basic rules:
- The complaint can be individual or collective.
- The application must be written and official, that is, drawn up in accordance with existing legislative norms.
The complaint is presented in the form of a statement on an A4 sheet. There are no special forms for such applications. The document is written by hand or printed on a printer.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 302-76-94
Compilation rules
The document must be concise and at the same time provide comprehensive information about the subject of the dispute and the parties to the conflict. To compose the paper correctly, you should present the information in this order:
- The name of the authority to which the document will be submitted.
- Applicant details – full name and contact information.
- The title of the document is “Complaint against the HOA” or “Statement of Claims against the HOA.”
- Data on the ownership or rental of an apartment in an apartment building - address of the premises.
- Information about membership in the partnership - agreement number, date of its conclusion.
- Presentation of the situation on the merits.
- Proposing a solution to a problem with reference to the law.
- List of documents attached to the application.
- Date of.
- Signature and transcript.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 302-76-94
The complaint may be accompanied by any photo, video or paper documents that allow you to confirm the claims stated on paper.
Who draws up the document?
Any member of the partnership can file a complaint about unlawful actions of members of the HOA board and violation of their interests. It is not necessary to own an apartment. You can rent premises on an official basis and defend your rights on these grounds.
Do I need to certify and how?
A complaint is a standard statement . It does not require certification by any authority. To submit an application, you do not need written permission from the chairman of the partnership or a collectively expressed decision of all members of the organization.
The application acquires the official status of a complaint after the personal signature of the applicant. In this case, it is necessary to indicate the date of compilation and decoding of the signature.
Number of copies
Written notification of claims to the HOA is submitted:
- In 2 copies , if the document is provided to the organization in person. The receiving party is obliged to put a mark on the second copy, which confirms that the form has been accepted for use.
- In 1 copy , if the paper is sent online or by mail. In this case, the sender will have real or virtual documents confirming the fact of sending.
In both cases, documentary evidence should be retained that the form has been officially accepted.
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.
Collective claim: distinctive features
Let's look at how to deal with a property owners' association collectively. Collective complaints carry more weight than individual ones. They are examined more carefully because the conflict is becoming widespread. The main difference of such a paper is that the applicants are not one person, but several at once.
Sometimes such statements are signed by dozens or even hundreds of residents at once. When drawing up the form, instead of the applicant, you should write “from the owners of the apartments in the apartment building located at the address...”.
A list of all applicants is attached to the paper. It states:
- Full name of the resident;
- apartment address;
- personal signature.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 302-76-94
The decision to file a complaint must be made at a collective meeting. Based on its results, a protocol is drawn up with registration of the items considered and decisions made.
Order and methods of submission
To obtain specific results, you should file a complaint with the chosen authority, and do it officially so that the form does not go to waste. There are several ways to submit application documentation:
- on the official websites of higher organizations via an online form;
- in person by contacting one of the departments of the selected authority;
- by registered letter sent by mail.
Each case has its own requirements and rules.
Online
The Housing Inspectorate, Rospotrebnadzor and the prosecutor's office accept applications with complaints about the work of HOAs online. The official websites of these authorities have a special form for requests. It will need to provide the same information as in the paper application, additionally indicating your personal email and mobile phone number.
Complaints are considered in order of priority within the time limits provided by law . A message will be sent to your email address confirming that the form has been accepted for consideration. Based on the results of the decision, a written response will be sent there about the work performed or other results.
Personal appeal
If you have time and desire, the document can be taken in person to the nearest branch of the selected authority. This is not a very convenient method, but it is extremely reliable. Personal submission is accompanied by questions and answers, which allows the applicant to find out some important points for himself at the stage of submitting the form. When visiting any of the higher authorities in person, you should take with you:
- Complaint in 2 copies.
- Identification.
Acceptance of the document is recorded with a written mark on the second copy of the complaint. The specialist who takes the form for processing is obliged to put the date of receipt, personal signature, his full name and certify everything with the seal of the organization.
Sending a notification letter
Postal services allow you to reduce the time it takes to visit the desired authority. The complaint and all documents attached to it can be sent by mail. Such shipments are issued in the form of a registered letter with notification.
This allows the sender to be confident in delivery and receive information about the exact date of delivery of the form by the recipient. In addition, registered letters cannot be ignored and left unattended. A personal signature upon receipt is an excellent guarantee of document safety.
When sending by post, you should make an inventory of the attachments. This is done by the postal employee, who certifies the list. This document, as well as the receipt for payment of the registered letter, are supporting documents. Later, the set is supplemented with a receipt for delivery of the letter.
Procedure and deadlines for consideration and response
A formally filed complaint must be reviewed within 30 days. The period is calculated in calendar days. No later than 30 days later, the authority to which the appeal was sent must give a written response. It may contain information about:
- Transfer of a document to another authority. This occurs if the applicant incorrectly correlated the basis for the complaint and the authority to which the form was sent.
- Refusal to satisfy the stated complaint. The response always states the reason for the refusal and provides a reference to a legislative provision that does not allow the applicant’s requirements to be satisfied.
- A positive answer implies that the problem will be resolved within the legislative framework.
If the applicant is not satisfied with the answer, he has the right to file further complaints and even file a claim in court.
Group or solo?
A complaint can be filed either collectively or individually. The collective complaint must contain the signatures of all owners who believe that their rights have been violated. Both single and collective complaints can be accepted and considered, regardless of the number of participants who submitted the appeal.
How to make an application?
The document is drawn up on A4 sheet. The sheet must be completely white and clean. The complaint can be drawn up either in printed text on a computer or by hand. The main thing is that all letters are legible.
The name of the body to which the complaint is being filed is indicated in the upper right corner.
Next, it is written from whom the complaint was sent, namely the surname, name and patronymic of the person, as well as his contact information.
Next, write the word “statement” or “complaint”. After this, in dry legal text, you begin to outline the essence of your demands and claims. It is advisable to refer to the law . You can also suggest solutions to the problem. The law does not clearly regulate the method of drawing up a complaint, so you are not obliged to adhere to any framework. Try to avoid grammatical and punctuation errors.
Important! Refuse to be emotional when drafting a document. Don't make mistakes in the text.
Next, indicate the word “please” and ask for an inspection or other influence on the body managing the house. If you are attaching any documents, please list them. Put your signature and the date the document was written. What documents should I attach to the main document? You can attach the following documents to the main document:
- certificate of ownership of housing;
- minutes of meetings held in the HOA, at which decisions were made that did not suit you;
- previously filed complaints with the HOA;
- responses received from the HOA;
- documents on the actions taken by the HOA in relation to the apartment building and its budget.
You can submit documents to any of the authorities either in person, by giving them to the office, or by sending them by letter with notification.
How to apply to court?
Appeal to the court is considered a last resort and is practiced in cases where other steps have failed to resolve the conflict situation. Claims are filed in court if:
- a dispute is resolved regarding the allocation of a part of the common property and assigning it to an individual owner;
- HOA members are not satisfied with the decisions made by the chairman;
- the points agreed upon at the collective meeting are not fulfilled;
- there are discrepancies regarding the implementation of repair work;
- financial claims are made against board members;
- poor quality services are provided.
The list of reasons is not limited to the listed items. To go to court, the plaintiff must draw up a statement of claim. It is drawn up according to the same principles as a complaint, but requires more thorough and thoughtful justification.
If other authorities refused to consider the claims, this only means that the applicant was unable to prove his case. When filing a claim, it is important to correct this omission and prepare as seriously as possible.
It will no longer be possible to file a second claim with the same requirements, but it can be appealed. To satisfy the claims in court, the plaintiff is obliged to provide documentary evidence of the facts stated in the claim.
Witnesses may be brought in, independent examinations may be ordered, and photographs and videos may be attached. The more justification a plaintiff has, the less likely he is to lose.
Before becoming a member of an HOA or deciding to create such a form of management, it is worth studying the pros and cons of the organization and its structure. We also encourage you to read our other articles on homeowners associations:
- Financial and economic activities and reporting.
- Articles of association.
- Elimination of this form of management.
- The structure of the HOA association and its differences from housing cooperatives and from TSN.
Debt collection
If members of the HOA board were found guilty of unlawful actions, monetary compensation can be recovered from them. The losing party pays the legal costs. If the plaintiff does not immediately register this point in the claim, then within three years he may file another claim for collection.
Other material claims are compensated on the basis of a court decision, which indicates the amount of material and/or moral damage and the period for its repayment. If the HOA does not comply with its requirements, the injured party may turn to the bailiffs.
The FSSP formalizes legal proceedings, and the bailiffs use legal levers to collect the debt.
Each member of the HOA has the right to defend their interests in any legal way. If the chairman of the partnership cannot resolve the conflict situation, or does not want to do so, then the owner or tenant of the apartment files a complaint with the Housing Inspectorate, Rospotrebnadzor or the Prosecutor's Office. If these authorities refuse, you should go to court.
Possible problems with the chairman
The main problem that HOA members face is the unprofessionalism of the chairman, because it is his candidacy that will largely determine whether the partnership will be able to perform all the functions assigned to it. In order to manage an HOA, its chairman and board members must have certain knowledge in the field of legislation, economics and finance .
By the way, according to the latest edition of the Housing Code, provision of assistance, training and introduction to the chairmen of partnerships is entrusted to municipalities.
Often, residents, desperate to find a competent person among the owners of housing in an apartment building who understands all the intricacies of housing and communal services, resolve the issue by hiring an outside manager. This solution to the problem is, first of all, dangerous because outside managers are not too interested in the well-being of property owners.
To whom and where should I complain?
Homeowners' associations are not always able to effectively cope with the functions assigned to them. Untimely cleaning of entrances, non-functioning locks and a constantly breaking elevator - all this quite naturally causes dissatisfaction among apartment owners and poses a logical question to them - how to deal with the chairman of the HOA and how to punish him?
the HOA board directly . It is best to file a collective complaint that clearly and to the point describes the issue causing grievances.
If the management of the partnership ignored the complaint, then you can contact Rospotrebnadzor . After receiving an application from members of the HOA, Rospotrebnadzor employees will have to conduct an inspection and verify all the circumstances specified in the complaint.
You can also complain about the chairman of the HOA to the state housing inspection . This body can also conduct an investigation and issue an order to the chairman of the HOA to eliminate the identified deficiencies.
In addition, homeowners can file a corresponding application with the court or the prosecutor's office , but it is best to leave these authorities as a last resort.
If they do not provide documents
The current legislation does not in any way regulate the procedure for familiarizing the owners of residential premises with the internal documentation of the HOA. The partnership has the right to independently develop rules for providing access to information, which must be approved by the general meeting of owners.
In general, it can be noted that members of the HOA have much broader rights to familiarize themselves with all the documentation that interests them than homeowners who have not joined the partnership. Access to partnership documentation largely depends on what exactly the owner is interested in. For example, documents directly related to homeowners are publicly available - minutes of general meetings of the HOA, the charter of the HOA, lease agreements for the common property of the owners, etc.
It’s another matter if the owner tries to request access to accounting documents, tax reporting, business agreements with third-party organizations, etc. – it is basically impossible to get acquainted with them. Moreover, if a member of the partnership can obtain the information he is interested in from the reports of the audit commission, then even this source of data will not be available to ordinary homeowners in an apartment building.
Here's an example:
If the chairman is not the owner
As mentioned above, for the effective functioning of a homeowners’ association, its chairman must have certain personal and business qualities that will allow him to most effectively contact officials at various levels.
If among the owners of an apartment building there is no suitable candidate for the position of chairman of the board of the partnership, his functions are transferred to a third party - the building manager, who may not be the owner of the premises. To hire a third-party manager, an additional agreement is concluded between him and the HOA. In this case, the chairman of the board of the HOA will have a purely nominal role, and his powers will be limited only to regularly convening meetings of members of the partnership.
