CHECK LIST FOR HOA COMPLAINTS
1) Excessive fees, fines, assessments
majority of complaints against any homeowner association fall in the same
2) Unfair elections
3) Hostile Harassment
4) Misuse of membership
5) Selective law enforcement
6) Discrimination in service
or use of facilities
7) Access to records
8) Violation of Fair Debt
9) Management misuse of
10) Unethical Law Firms
Where to find help!
1) The first place to seek help is the
phone book. Check, city, county, state and federal agencies with toll free
numbers for example:
a) Fair Housing Office
b) Human Relations/Hate Crimes/etc
c) HUD(Housing Discrimination/Disabled
Americans Act for any minority complaint, abuse of seniors or abuse of
disabled citizen, child or adult
d) FTC(Federal Office deals
with complaints of unfair business, deceptive advertising; unfair debt
collection which includes homeowner association threatening letters to
collect excessive fees added to late charges etc.
e) Civil Rights Offices/
Sheriff's Office can refer you
f) Discrimination in election,
access to books, open meetings etc...Send written complaint to Secretary
of state to investigate violation of HOA failure to comply
with Mutual Benefit Charter Statutes subject to state regulation etc. File
Complaint Investigation through the office of local State Rep, or Senator,
because their office gets better cooperation and has more clout.
Report all violations and
harassment to CEO of Community Associations Institute in Alex, VA to serve
notice their promise to educate, organize and train professional help to
enhance and guarantee residents of HOAs could live in harmony has been
broken and their negligence in failure to enforce their own policy is detrimental
to the well being of members investment etc.
Write House Of Representatives
Committee on Govt. Reform of Housing, Banking and Financing to request
hearing on abuse of govt. finance developments.(FHA, HUD, Fannie Mae, Freddie
Mack, VA, Federal Funds) are used to expand and increase number of HOAs.
Complain to local City and County Commissioners
about unfair property tax discrimination that forces property owners in
HOAs to pay extra tax disguised as maintenance fees for street repair,
lights etc. which are paid for from property tax by owners not living in
an association...a practice that violates the constitutional right to equal
Complain to congress about non judicial foreclosure
abuse of constitutional right to due process...an impact on bad economy...
Attend County Commissioner meetings to protest
on discrimination of property rights and selective law enforcement which
violates public trust and enlist volunteers to picket for justice...
Management firm violations should be reported
to city, county and state agencies who license and bond them. Also check
to see if they are certified by CAI and if so, send complaint to CAI Corp.
Office, failure to comply with Certification.
Looking for a Lawyer:
Check phone book for toll
free 800 number of State Bar...ask for attorney with experience in your
personal problem...example...contract dispute or civil rights(hostile harassment),
in adjoining county. Don't hire attorney from the same county because they
work too close with local judge...
Ask attorney what case they won
with same problem and give you a reference...call local Bar and ask if
any complaints were filed against attorney in past...
Define problem before you file to
decide strongest issue and best court. At this time, the only cases awarded
legal fees, witness fees and punitive damages except the Yorba Linda City
Landslide Cases, have been filed under California Red Ink Laws; Dept. of
Fair Housing and Employment; Govt. Code Section 12980; Govt. Code Section
12955(Discriminatory) ; Gov. Code Section 12989.2) and Civil Code Section
1352.5(a) for starters....
Don't make mistake of hiring
attorney to sue for discrimination in services etc. Judge will argue you
signed contract agreement to follow all rules, regulations and pay any
fines, fees or assessments subject to change so you knew what you were
Remember courts consider all
homeowner association cases as a contract matter., and never mention that
contracts are impaired because it is unconstitutional to deny equal protection
or due process! Your attorney has to show failure to disclose at purchase
by sales agent or escrow; misrepresentation etc.; breach of contract; conversion
etc. to win--title companies are responsible to show deed restrictions
also at time of escrow...some neglect to do this.
Contracts that fail to inform
buyer is part of a HOA might be rescinded due to failure to disclose...
Should be reported to Dept. of Real Estate
By law, all HOA Directors have a
fiduciary duty to hear your complaint, treat you with courtesy; offer a
fair and reasonable help, but this has not been enforced due to public
apathy and failure to pressure elected officials to enforce the laws on
Last but not lease, request
your HOA Board cancel payments to CAI/CLAC as long as they violate Fair
Political Practice Act which forbids any person to influence the legislature
on any bill with a financial gain...They consistently violated this law
by passing bills to lien homes, collect fees through foreclosure that enriched
Buying a home in a homeowners
association can leave you homeless until congress holds a hearing and passes
a law that restores all constitutional property rights and this will not
happen until they are pressured. Trust me, been there, done that and seen
Willow Vance for homeowners justice...coast
to coast..go get 'em