Homeowners should direct their complaints against a board member to the HOA board or the community manager. An effective board or manager will handle the complaint properly, even if it concerns one of their own. If need be, homeowners can request to enter dispute resolution.
“Online complaint services such as Angi, ConsumerAffairs, Yelp, or the Better Business Bureau can be effective in resolving complaints that aren't getting traction with your HOA, co-op board, or landlord,” says Seth Williams, a real estate broker with Reference Real Estate in Boston.
Most governing bodies also don't take complaints unless they are specific to their jurisdiction or have evidence to back up their claims. If a homeowner suspects their HOA is doing something illegal, it is best to report it to local authorities. Other than that, homeowners may need to seek advice from a lawyer.
The short answer to this common questions is: Maybe. In general, California's HOA laws protect volunteer board members from personal liability.
Building Exterior: Repairs to the building's exterior, including roofing, siding, and gutters, are typically the responsibility of the condo association. These elements are considered common property, and their maintenance is crucial for the overall safety and aesthetics of the building.
Filing a Complaint: File a formal complaint with your state's real estate board or attorney general's office. The decision depends on the severity and evidence of the fraud. Going to Court: As a last resort, you might consider filing a lawsuit against the HOA board.
In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
The Florida Department of Business and Professional Regulation's (DBPR) CTMH Division oversees five program areas: iniums, cooperatives, timeshares, mobile homes, and yacht and ship brokers and salespersons.
A Florida Lawyer Can Help You Make a Formal Complaint in Writing. Like many personal injury cases, your case against the HOA starts with a complaint of injury. A lawyer in your area can help you establish your case, prove the HOA's liability, and send an initial demand letter.
Filing an Official Complaint It is entirely possible for a resident to represent herself in negotiations with and in filing a complaint against an HOA or condo association. Residents may file a inium/Cooperative Complaint Form (PDF) directly with the Division of Florida iniums, Timeshares and Mobile Homes.