Understanding HOA complaints

Wednesday September 25, 2024
Homeowner association (HOA) complaints are common issues residents and board members face. They can range from disagreements with neighbors to disputes over rules and regulations to any other matter needing review. No matter the case, they each require understanding a community’s bylaws, covenants, and rules and regulations from homeowners and associations.  In this piece, we will delve into these types of complaints, exploring the most common of them, how to handle each, your rights depending on your role, and complaint prevention!
 

Most common HOA complaints

HOA complaintsThe variety of the roles HOAs undertake and the responsibilities associations hold come with feedback from others. This means that HOA complaints are common in most communities, whether they are made about the association or neighbors. The most common include:
  • Noise: Even though these complaints are often from one resident regarding another homeowner, board members must be proactive and relay clear communication for the issue to be accessed in the first complaint received.
     
  • Maintenance and repair: Paint touch-ups, pool maintenance, landscaping, you name it! Boards are familiar with these complaints, but HOAs work tirelessly to help with these requests and ensure regular inspections.
     
  • Disputes: These can arise when homeowners dispute over a rule or regulation, or any other governing law within their association. HOAs can establish feedback systems and clear communication of their bylaws in order to create a preventative approach for this type of complaint.

Types of neighbor disputes

Although neighbor disputes are specifically from one homeowner to another, HOAs play a large role in mediating these situations. Aside from noise complaints, there are other variations of complaints that homeowners have towards neighbors. Some include:
  • Property boundaries: Complaints may arise if a homeowner is not abiding with their property boundaries. This can include neighbors using part of another homeowner’s property, such as front lawn/backyard spaces or any other terrains.
     
  • Parking: This can happen not only if a resident is using another’s parking space, but if they are not parking correctly or in a manner that becomes a hazard or inconvenience for the community.
     
  • Illegal activities: This can be seen when suspicions or evidence of illicit activities occur in a neighbor’s home.
     
  • Pets: Complaints about pets often arise when pets are not well-behaved, including dogs running loose, not being on leashes, or disrupting common areas.
     
  • Shared amenities: Some residents may file complaints when their shared areas are not adequately cared for by other residents. This type of complaint can also be seen when homeowners fail to follow community rules pertaining to that specific area.
     
  • Safety concerns: These complaints typically arise due to issues related to safety, such as neglected swimming pools, unsafe construction practices, or potential hazards in their property that could affect other residents.

How do you handle a dispute with a neighbor?

If you find yourself in a dispute with a neighbor, handling the situation with proper communication and respect is vital. Before you decide to file complaints against them, it is suggested you initiate a conversation to express your concerns accompanied by a neutral and non-confrontational tone.
 

Can you complain to your HOA about your neighbor?

 If proper individual communication does not resolve the issue, then yes, you can complain to an HOA about a neighbor and seek mediation. A mediator can facilitate constructive dialogue between both parties and help provide a fair and just resolution. While undergoing this process, keep a record of any incidents, interactions, or evidence that is related to the dispute. This can be helpful if legal action is necessary afterward.
 

How do you write a letter to HOA about a neighbor?

If you decide to use a higher authority, such as your association, to help mediate and resolve your issue, there are a few ways to inform your HOA about your complaint. Writing a letter to your HOA about a neighbor is not the only way to voice your concerns, as you can always explore multiple platforms depending on your community. This can include:
  • Phone call
     
  • Email
     
  • Physical letters
     
  • Community portal
You can begin by reviewing your community’s HOA guidelines, rules, and regulations to understand better how to address complaints. Once you are prepared to share, try to be as specific as possible, including dates, times, and examples that align and support what you are expressing. As for any professional procedure, maintaining a polite, respectful tone is helpful. This includes avoiding personal attacks towards the other neighbor.
 

Does the HOA have to disclose who filed a complaint?

HOAs do not have to disclose who filed a complaint. However, this may not be the case in some communities. Even if a situation were to escalate as far as involving legal action, identity could be revealed or concealed, regardless of the magnitude of things due to specific guidelines. Often, associations have rules regarding these situations. Confirming with your HOA can help clarify if they always keep their complaints anonymous.
 

How to handle complaints and disputes

As a resident, handling these situations can be difficult, but as a board member, we understand the responsibilities and course of action differ significantly.  Once you join an association board, rules should already be in place for handling complaints and disputes. If there aren’t any yet, it would be an excellent opportunity to gather the members and establish a structured approach for handling disputes effectively.

Communication is crucial in these events. Therefore, you should establish clear channels for feedback submissions between the association and the residents. This will help create a platform or an outlet for residents to make their voices heard and could deter specific issues from escalating to the extent of a complaint or dispute. You can incorporate this system in many ways, a few include:
  • Dedicated email address for feedback/updates/issues from residents
     
  • Card dropbox in a commonly known location
     
  • Opening a PO box for residents to send letters to
     
  • Utilize technology for communication (channels, group chats, apps, etc.)
A top priority should be providing timely and transparent updates to homeowners. These channels of communication can help only if they serve as a tool to resolve issues, as HOA complaints should always be addressed. If homeowners submit their feedback but have yet to hear back or receive status updates, this can lead to a more significant issue for another neighbor and the association.
 

Preventing homeowner association complaints

As we mentioned previously, creating a fair and transparent structure for addressing homeowner association complaints is crucial, as this will help with complaint and dispute prevention in the first place. Make sure to have established guidelines and rules and that these are always communicated to all residents to help avoid misunderstandings and frustrations.

Providing educational resources and promoting community feedback can help diminish disputes and complaints. Homeowners knowledgeable about the community’s rules and culture can be more likely to comply and follow these guidelines to maintain harmony. Some educational ideas can go as far as hosting webinars, workshops, town halls, and articles like this to further their understanding of rights, responsibilities, and updates on their community.

After all, your community is your home, and empowering yourself and those around you to contribute to its overall well-being can provide a harmonious living environment.

To learn how FirstService Residential can support your community's vision, contact a member of our team.
 
Wednesday September 25, 2024