One of the best things about living in an HOA-managed community is that you have a state-regulated legal entity to keep you and your family safe, and ensure that peace is upheld amongst neighbors. You also have a legally-bound, neutral entity to turn to for disputes and complaints between neighbors.

What can you do if your neighbor filed a complaint against you?

If you were contacted by your HOA because of a complaint filed against you by your next-door neighbor, don’t fret. And try not to get angry either. Know that a complaint doesn’t immediately mean you’re guilty of whatever your neighbor is accusing of or that you will be immediately evicted from the community. Here’s what you can do if your HOA notifies you about the complaint:

1. Stay calm and composed

Once you receive word from your homeowners association about the complaint, stay calm and keep your composure. Your neighbor will probably be waiting for your knee-jerk reaction (which they could use to further fuel their complaint saying your anger is but one more proof of your guilt), so don’t give them the satisfaction of being right.

2. Review details of the complaint

The complaint should clearly state the specific issue down to the last detail (date, time, parties involved, witnesses, etc.). Back-track and review events as you remember them. It’s important here to be as clear about your recollection as possible. Write down specific details that you remember from the incident as you might be able to use these on your dispute.

3. Know your legal rights

Do your own research about your legal rights as a member of the community. Review the HOA’s CC&Rs. Research on state regulations regarding the specific issues raised by your neighbor, if applicable. To make sure too that you won’t be violating any laws or stipulations from the HOA’s by-laws and CC&Rs, consult a lawyer. If you only need general advice, there are sites online that offer free legal counsel and consultation. Check them out to see if they can help you with your specific concern/s.

4. Attend the HOA-mandated hearing of your case

The HOA will be doing its own investigation about the complaint and if they find that the complaint has merit, they will schedule a hearing, which is basically the board inviting you and the complainant to a meeting to hear both your sides. It’s important to attend every hearing because your absence could be construed as disrespect for the board and the HOA (which could be a point against you).

Filing a complaint against an HOA is not something new. In fact, it’s fairly common. However, as common as it is, you should know that complaining against a homeowners association isn’t as simple as storming the HOA office to voice out your issues. There are steps you need to take first for your own protection. Simply put, you need to make sure you are proceeding within legal boundaries to prevent a lawsuit.

If you are considering filing a complaint against your HOA, here are the initial steps you need to take:

1. Clearly identify your concerns and issues

What issues do you wish to take up with your HOA? You have to be clear about them. Remember that you are complaining against your association, which means you’re complaining against an entity that was legally put in place to oversee your community. There are laws governing its role in the community, including the role of each member of the board. With that said, you need to be specific about your concerns. Clearly state each issue and have evidence to back it up.

2. Go over your HOA by-laws and CC&Rs

As mentioned above, there are laws governing the HOA, which include rules and regulations that homeowners must abide by as well as rules and mandates that state the role of the HOA Board and its specific members. Carefully go over these by-laws and CC&Rs to ensure that your issues and concerns against the HOA are indeed within their duties and responsibilities. For instance, if your issue is something that concerns a public amenity like a park or community pool, you have to check if the specific issue is indeed the responsibility of the HOA. Sometimes there are specific stipulations that prevent an HOA from taking action.

3. Are you complaining against the HOA or a board member?

Remember that the HOA is managed by its Board of Directors, with each one having a specific role in the organization. You have to determine whether you are complaining against the entire HOA or just a member of the board. How do you determine which is which? Again, you have to go back to the CC&Rs and by-laws. If your complaints are directly related to the general responsibility of the HOA, then you could probably file a complaint against the association.

On the other hand, if your issue is the specific responsibility of one particular board member, then your issue is probably best taken up with the board member in question.

As you can see, filing a complaint against an HOA takes time and effort; but if you truly believe your concerns are legitimate and must be acted upon immediately for the safety of your HOA-managed community, then there’s no reason for you not to pursue it.

Homeowners associations have a set of rules that every household-member must strictly follow. Failure to do so could result in penalties or in worst-case scenarios, expulsion from the community, which means you could be evicted from your house. In general, the HOA is legally allowed to make such a decision. A homeowner could be evicted if it has been proven that they have put (or are putting) the safety of the community or a neighbor at risk. Disagreements between neighbors are one of the most common causes of a situation getting out of hand, thus endangering the safety of another.

How do HOAs handle disputes between neighbors? Here are the initial steps they take to prevent the situation from escalating:

1. Request for a formal complaint in writing

Here’s the thing, the HOA cannot immediately intervene in a dispute between neighbors. Everything must be handled professionally, which means the HOA will have to request for a formal complaint from one of the parties involved. If the complaint was made verbally, a formal written complaint will still be requested by the HOA. This is so everything is on record, for safety and legal purposes, among others.

Understand that the HOA may choose not to intervene in a dispute related to personal matters like dating and relationships, whether romantic or family related. They can only intervene if the situation has put others in danger (including one of the parties involved).

2. An HOA Board member will be assigned to investigate

For homeowners associations that have an HOA management company helping them out, the HOA manager will be the one to do the investigating. If there is no HOA manager, the HOA Board will assign one of their Board members to the case to investigate.

3. Investigation

The HOA, through their HOA manager or Board member, will look into the situation to find out all the facts. Understanding that the dispute could very well end up in a lawsuit, they will be thorough about the entire process, making sure not to leave out or overlook important details. Those involved should expect to be interviewed.

4. Intervention

Based on all evidence and information gathered from the investigation, the HOA will then decide whether or not the situation is something they could or should intervene with. This decision will be made by all HOA Board members. Having a lawyer present during discussions on whether or not to intervene will be helpful since they can provide a legal insight or give their legal advise.

These are but the initial steps to how an HOA handles disputes between neighbors. For HOA disputes between the association and a homeowner, the process starts with
Internal Dispute Resolution.

Whether you are moving into a residential property you recently bought or have started renting, chances are you’re moving into an HOA-managed community. Nowadays, you’ll hardly find a residential property that doesn’t belong to an HOA. For those who have never lived in such a community before, the top-of-mind question usually is “Do I really need a homeowners association?” Find out below why an HOA-managed community is the best place for you and your family:

1. You have “instant” support and assistance

Moving into a new neighborhood usually means you have no one to run to for support or assistance during the first few months or even first year in your new home. When you belong to a homeowners association, you’ll immediately have access to the support and assistance they provide to all their members. You’ll have peace of mind knowing you’ll have someone to run to in case of emergency.

2. You will feel safer at night

In relation to the above, knowing that you’re moving into a community that’s kept safe and secure by the HOA 24 hours a day, seven days a week translates to sleeping soundly at night. This is especially true if you have young kids sleeping in the next room. You know they are safe inside your house and within the premises of the community.

3. Property value is maintained

When you live within an HOA community, there are certain rules and regulations you must follow for several reasons, one of which is to maintain property value. Since a real estate property is an investment, it will be prudent on your part to take the necessary steps to ensure that its market value will not depreciate, and instead, even appreciate. This makes for a good investment should you decide to sell in the future. Even if you don’t plan to sell, it’s best to keep this in mind when looking for a new house to move into.

Studies reveal that an HOA can significantly increase property value, more than five or six percent from those that don’t belong to an HOA community.

4. Access to amenities

From private parks to pools, gyms or fitness centers, function halls, and more, HOA communities provide certain amenities to their homeowners. These are private amenities that can only be accessed by the homeowners and their families, and since these are maintained by HOAs, you’ll know they’re safe, clean, and of course, functional.

There are several other benefits to moving into an HOA-managed community. Do your research on the HOA regulating your property so you’ll know whether or not it is ideal for you.

HOAs are generally strict about the collection of fees and dues. In fact, by-laws and CC&Rs
include a stipulation that clearly defines penalties and consequences for late and delinquent homeowners. In a worst-case scenario, a homeowner may be evicted for being a delinquent payer. Homeowners associations may send several reminders first and may even conduct an interview with the homeowner to find out if their financial situation has changed. Eviction is always the last course of action.

But this time around, being a delinquent payer may not be the homeowner’s fault given that the world was plunged into a financial crisis when COVID-19 caused businesses to file for bankruptcy and/or close shop for good. People lost incomes and depleted their savings, which means not only are they unable to pay bills and association dues, they are also having a difficult time providing for their families.

What are HOAs doing to help their residents in this time of global crisis? Here are a few steps they’ve taken to help ease the burden of their financially strapped residents:

1. Relief from dues for a specific period

At the height of the pandemic, a lot of homeowners associations across the country stopped collecting membership dues as their residents struggled to cope with financial losses caused by the pandemic. This meant HOAs had to dip into their emergency funds for important expenses. This also meant minimizing HOA expenses to the bare essentials only.

Some HOAs stopped collecting membership dues for three consecutive months; others longer.

2. Reduced membership dues and other fees

To help residents pay their dues and fees, some HOAs reduced these by a considerable amount. Some HOAs also scrapped other fees; keeping only membership dues until such time when economies and finances become stable again.

3. Flexible due date

Before the pandemic, HOAs were strict about due dates but they have been flexible and lenient about this since the start of the pandemic. Members are given a longer payment period for their dues. If they are still unable to make payment on the “absolute deadline,” HOAs discuss payment options with their residents to help them make payments without adding to their financial burden.

While these changes in fees and dues negatively affected the HOAs operations and emergency funds, HOAs deemed it more important to take care of their residents first because being homeowner-members themselves, they too have been impacted by the pandemic, which means they may be going through the same difficulties as their neighbors.