The majority of complaints against any homeowner association fall in the same categories:
1) Excessive fees, fines, assessments
2) Unfair elections
3) Hostile Harassment
4) Misuse of membership funds
5) Selective law enforcement
6) Discrimination in service or use of facilities
7) Access to records
8) Violation of Fair Debt Credit Collection
9) Management misuse of funds
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 protection.
  • Complain to congress about non judicial foreclosure abuse of constitutional right to due 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 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 responsible for... 

   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 the book.

   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 lawyers...

   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 that. 

Willow Vance for homeowners justice...coast to coast..go get 'em