Try to get a copy of the investigator’s report. You should keep it for your records.
If you don’t have your CC&Rs, then contact the HOA and ask for a copy. Because many states require that you exhaust your remedies with the HOA first, you need to follow the complaint process in the CC&Rs.
For example, the management company might have denied you access to look at their books. You can write, “I made an in-person request on September 1, 2016 to review the books. However, Ms. Smith told me that I would need permission from the entire board even though Section 12. 3 of the CC&Rs gives all members a right to review the HOA books. On September 15, 2016, the entire board turned down my request at its monthly meeting. ”
Also remember to keep a copy of the letter for your records.
In some states, county agencies might handle complaints against HOAs. If you don’t see a state office, check your county.
your name and unit number the complainant (if this person is not you) your mailing address and phone number the name of the association and its location information about the HOA, such as the president and the property manager your reasons for complaining
Be sure to take acceptable forms of identification to show the notary. Typically, a valid state-issued ID or a valid passport is sufficient.
During binding arbitration, a judge-like third party will listen to each party present their case. At the end of this presentation, the arbitrator will draft a written opinion stating who won and what the award will be. Because this is binding arbitration, both parties will be bound by the arbitrator’s decision.
On the other hand, if you have a strong case, these provisions can work in your favor.
The HOA is not fulfilling its duties under the CC&Rs. For example, it may not be maintaining the common areas or making necessary repairs. The HOA is misusing the homeowners association fees. You have a dispute about remodeling your unit or making some other change. If the CC&Rs are silent on the issue, then you might want to sue if the HOA is trying to prevent the change. The HOA is discriminating against you based on a protected characteristic, such as your religion, ethnicity, race, disability status, etc.
Communications between you and HOA management, such as emails or letters. Pictures or other visual evidence. If the HOA hasn’t made repairs, then you should document it. Your memories. If you had a conversation with HOA management, then write down the date of the conversation and its substance. Any medical records. You might have been physically injured by a defect that HOA management has not addressed, such as a defective elevator or rickety stairs.
If you are suing for discrimination, then you probably will sue in federal court. You can find the nearest federal court by using the Locator tool at the U. S. Courts website. [7] X Trustworthy Source United States Courts Official website for the U. S. court system Go to source If you are suing for a personal injury, then you can sue in state civil court. If you are suing for a breach of the CC&Rs, then you will sue in regular civil court if you want the judge to give you a sum of money as compensation. If you are suing for an injunction, then you might need to sue in an equity court, depending on your state. In most states, equity courts have merged with the regular civil court, but in a few states you still must sue in equity for an injunction.
You can get a referral to a lawyer by contacting your local or state bar association. Call up the lawyer and ask to schedule a consultation. Also ask about fees. You can also hire the lawyer to represent you throughout the lawsuit. It is ideal to have an experienced attorney represent you, especially if the case is complicated. However, money might be a concern.
the names of all people bringing the suit the names of the HOA or individual members of management who you are suing the factual circumstances surrounding the complaint what you want the judge to give you (such as money compensation or an injunction)
You will probably have to pay a filing fee, which will differ depending on your court. Try to call ahead of time, or look online, to find out the amount of the filing fee. If you can’t afford a filing fee, then ask the court clerk for a fee waiver form.
Have the sheriff hand deliver the notice. In many counties, you can pay the sheriff a small fee to make hand delivery. Hire a private process server. For a small fee, process servers will make hand delivery on the HOA. You can find process servers in your phone book or online. Ask someone 18 or older to make hand delivery. Usually, any adult can make hand delivery provided they are not part of the lawsuit. For example, don’t ask your child who lives with you to make hand delivery. However, you could have a colleague at work deliver it for you. Mail it to HOA management. In some courts, you can send the complaint and summons by registered or certified mail, return receipt requested. Mail is less ideal than hand delivery.
After signing the form, the server returns the form to you. You should keep a copy for your records and then file the original with the court.
The HOA might also raise “affirmative defenses. ” These are defenses which allow the HOA management to win the lawsuit even if all of your allegations are true. [11] X Research source For example, one affirmative defense is that you waited too long to sue. If the management company raises affirmative defenses, then you should talk about them with a lawyer.
You can expect a lawsuit to take up to a year or longer, depending on the issues. See Sue a Homeowners Association for more information.
