Where and to whom to complain about the HOA or the chairman of its board, samples of complaints and applications to various authorities, a lawsuit in court

A homeowners' association is a non-profit organization. This non-profit organization is created for the sole purpose of managing common property in apartment buildings, as well as providing various utility services to the owners and tenants of residential premises located in these buildings.

A homeowners' association may include either one multi-apartment residential building or a group of such buildings. The maximum number of multi-apartment residential buildings within an HOA is not limited, and therefore these organizations can be quite large, sometimes including entire city districts.

To organize this non-profit organization, it will be necessary to hold a general meeting of the owners of residential premises located in an apartment building, or a group of houses, if the partnership being created is of a fairly large scale.

During this meeting, it is necessary to elect the board and its chairman, who, during breaks between general meetings of owners, will manage the activities of the partnership.

In carrying out its activities, an HOA, like any other organization, can commit a variety of violations. Sometimes the activities of such a partnership begin to run counter to the interests of the owners of residential premises. In this case, apartment owners have the right to begin a fight against such an unscrupulous HOA. To do this, they should send complaints to various authorities.

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Grounds for filing a complaint against the HOA

If you, as the owner of residential premises in an apartment building, come to the conclusion that the activities carried out by the HOA are detrimental to your legal rights and interests, then in accordance with the current legislation of the Russian Federation, you have the right to appeal any decision made by both the HOA board and and its sole chairman.

An analysis of practice shows that the following decisions made by HOAs are most often appealed:

• Establishment of excessively inflated tariffs for housing and communal services. This situation may be caused by the desire of the homeowners association to increase its own profits by artificially inflating tariffs. To do this, they include their own costs associated with managing apartment buildings in tariffs for housing and communal services. Such actions are unlawful, since the costs of the HOA should be included in completely different items, such as “Maintenance of common property” and so on. And even in this case, they must be economically justified;
• If the HOA agrees with one of the owners of a residential premises located in an apartment building for the redevelopment that he has unlawfully carried out, as a result of which the building structures have been damaged, which may endanger the entire house, this is an unlawful action that harms the legal rights and interests of other residential owners premises. In this case, any of them has the right to apply to the appropriate authorities to cancel the issued permit for redevelopment;
• If the HOA uses common property for its own interests. An example could be a situation where the HOA decided to rent out at an unreasonably low price, or even transfer for use free of charge premises that are in common property to persons affiliated with the chairman of the HOA or members of its board;
• Illegal imputation of debt to the owner of a residential premises for certain services. An example of such an illegal action by the HOA is a situation in which a person who purchased residential premises in a house that is part of the HOA is forced to pay off the debts remaining from the previous owner of the premises he purchased;
• Unlawful decisions made by both the board and the individual chairman of the HOA.

It is worth noting that it is quite difficult for owners of residential premises to prove the facts of violations committed by the HOA.

Therefore, if you have the opinion that the activities of the HOA are detrimental to your legal rights and interests, before taking active steps, seek advice from a lawyer who professionally deals with cases in the housing sector. This will help you avoid many mistakes and be more likely to succeed.

In the event that it becomes obvious that the actions carried out by the HOA run counter to the legal rights and interests of the owners of residential premises, the latter have the right to take comprehensive measures to stop this situation. Let's take a closer look at which authorities and how you should file complaints about the actions of the HOA.

What is written in the complaint

The statement in free form communicates the essence of the conflict or violation of the tenant’s legitimate interests, which forced him to start drawing up the paper. The facts are presented dryly, consistently, indicating the articles of the law that were violated by the described actions.

Despite the absence of an established complaint template, any sample always contains:

• information about the addressee (full name, position, etc.);
• information about the applicant (full name, place of residence, contacts);
• title of the document being submitted (“COMPLAINT”);
• description of the current situation (dispute);
• specific requirements (what the applicant wants to achieve);
• within what time period he asks to eliminate the existing violations;
• date and personal signature of the HOA member.

Bodies that control the activities of HOAs

If you have encountered any of the above situations, then you have the right to contact government authorities to protect your legal rights and interests and file a complaint with them about the actions of the HOA. But in what situation and where should you file your complaint?

Control over the activities of homeowners' associations is carried out by:

• territorial bodies of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare;
• State Housing Inspectorate;
• territorial bodies of the Prosecutor's Office.

In addition, any owner of a residential premises who believes that the HOA’s actions are infringing on his legal rights and interests has the right to go to court to protect them. To do this, he will need to prepare and submit an appropriate statement of claim. This can be done either independently or through the Prosecutor’s Office.

How to apply to court?

Appeal to the court is considered a last resort and is practiced in cases where other steps have failed to resolve the conflict situation. Claims are filed in court if:

• a dispute is resolved regarding the allocation of a part of the common property and assigning it to an individual owner;
• HOA members are not satisfied with the decisions made by the chairman;
• the points agreed upon at the collective meeting are not fulfilled;
• there are discrepancies regarding the implementation of repair work;
• financial claims are made against board members;
• poor quality services are provided.

The list of reasons is not limited to the listed items. To go to court, the plaintiff must draw up a statement of claim. It is drawn up according to the same principles as a complaint, but requires more thorough and thoughtful justification.

If other authorities refused to consider the claims, this only means that the applicant was unable to prove his case. When filing a claim, it is important to correct this omission and prepare as seriously as possible.

It will no longer be possible to file a second claim with the same requirements, but it can be appealed. To satisfy the claims in court, the plaintiff is obliged to provide documentary evidence of the facts stated in the claim.

Witnesses may be brought in, independent examinations may be ordered, and photographs and videos may be attached. The more justification a plaintiff has, the less likely he is to lose.

Before becoming a member of an HOA or deciding to create such a form of management, it is worth studying the pros and cons of the organization and its structure. We also encourage you to read our other articles on homeowners associations:

• Financial and economic activities and reporting.
• Articles of association.
• Elimination of this form of management.
• The structure of the HOA association and its differences from housing cooperatives and from TSN.

Debt collection

If members of the HOA board were found guilty of unlawful actions, monetary compensation can be recovered from them. The losing party pays the legal costs. If the plaintiff does not immediately register this point in the claim, then within three years he may file another claim for collection.

Other material claims are compensated on the basis of a court decision, which indicates the amount of material and/or moral damage and the period for its repayment. If the HOA does not comply with its requirements, the injured party may turn to the bailiffs.

The FSSP formalizes legal proceedings, and the bailiffs use legal levers to collect the debt.

Each member of the HOA has the right to defend their interests in any legal way. If the chairman of the partnership cannot resolve the conflict situation, or does not want to do so, then the owner or tenant of the apartment files a complaint with the Housing Inspectorate, Rospotrebnadzor or the Prosecutor's Office. If these authorities refuse, you should go to court.

Appeal to the management of the HOA

This method may seem quite strange, and its effectiveness may raise doubts, but it should not be neglected. It won’t take you much time to draw up a statement and state your complaint and submit it to the governing bodies of the HOA.

There are cases when such complaints submitted in writing are satisfied. And even if your appeal is ignored, this will serve you as an additional advantage during further proceedings.

It was already noted above that in the periods between general meetings of owners of residential premises, the management of the activities of the HOA is carried out by the board and the chairman, who are elected during the general meetings of owners.

Information about the election, as well as the term for which they were elected, is entered into the minutes of the general meeting of owners of residential premises. It is to these governing bodies that a complaint about the activities of the HOA should be filed.

You should formalize the accumulated claims against the activities of the HOA in the form of a statement. It should be compiled in two copies. You need to hand over one of the copies to the chairman, board member, or other person authorized to accept documents submitted to the governing bodies of the HOA.

Sample complaint to the HOA.

In this case, it is necessary that the second copy, which remains with you, bears the appropriate mark indicating receipt of your application indicating the date.

This will confirm the fact that you have contacted the HOA management authorities with your complaint, and can be very useful to you during further proceedings.

In addition to the method described above, you can send your application by post. To do this, you will need to send it by registered mail with return receipt requested.

Please note that in the submitted application you must specifically emphasize that you want to receive a response to it in writing.

It should also be taken into account that a collective appeal submitted to the governing bodies of the HOA will have much more effect if it is submitted from a group rather than from one person.

In this case, the management of the HOA will not want to enter into direct conflict with a large group of dissatisfied people, and will try to satisfy the demands put forward.

Agreement with the HOA for the provision of services.

How to hold a meeting in the HOA, read here.

How to write a complaint to the Housing Inspectorate, read the link:

Order and methods of submission

To obtain specific results, you should file a complaint with the chosen authority, and do it officially so that the form does not go to waste. There are several ways to submit application documentation:

• on the official websites of higher organizations via an online form;
• in person by contacting one of the departments of the selected authority;
• by registered letter sent by mail.

Each case has its own requirements and rules.

Online

The Housing Inspectorate, Rospotrebnadzor and the prosecutor's office accept applications with complaints about the work of HOAs online. The official websites of these authorities have a special form for requests. It will need to provide the same information as in the paper application, additionally indicating your personal email and mobile phone number.

Complaints are considered in order of priority within the time limits provided by law . A message will be sent to your email address confirming that the form has been accepted for consideration. Based on the results of the decision, a written response will be sent there about the work performed or other results.

Personal appeal

If you have time and desire, the document can be taken in person to the nearest branch of the selected authority. This is not a very convenient method, but it is extremely reliable. Personal submission is accompanied by questions and answers, which allows the applicant to find out some important points for himself at the stage of submitting the form. When visiting any of the higher authorities in person, you should take with you:

1. Complaint in 2 copies.
2. Identification.

Acceptance of the document is recorded with a written mark on the second copy of the complaint. The specialist who takes the form for processing is obliged to put the date of receipt, personal signature, his full name and certify everything with the seal of the organization.

Sending a notification letter

Postal services allow you to reduce the time it takes to visit the desired authority. The complaint and all documents attached to it can be sent by mail. Such shipments are issued in the form of a registered letter with notification.

This allows the sender to be confident in delivery and receive information about the exact date of delivery of the form by the recipient. In addition, registered letters cannot be ignored and left unattended. A personal signature upon receipt is an excellent guarantee of document safety.

When sending by post, you should make an inventory of the attachments. This is done by the postal employee, who certifies the list. This document, as well as the receipt for payment of the registered letter, are supporting documents. Later, the set is supplemented with a receipt for delivery of the letter.

Appealing the decision of the general meeting of the HOA

As you can see, appealing against actions or inactions committed by the governing bodies of the HOA is quite simple.

But what to do if you do not agree with the decision that was made at the general meeting of owners of residential premises by a majority vote:

• First of all, during such a meeting, clearly indicate your disagreement with what is happening. Your position must be recorded in the minutes of the meeting. In this case, while carrying out a scheduled inspection, the state housing inspection will consider the arguments you present at the meeting and, if they turn out to be correct, will oblige the HOA to hold a new extraordinary meeting of owners of residential premises and make changes to previously made decisions that will correspond to your arguments;
• If the state housing inspection considers your position to be unfounded, or you cannot wait for its representatives to come check the HOA, you will have to go to court.

In this case, an appeal to the judicial authorities should be carried out taking into account a number of features:

• Before sending your statement of claim to the court, notify all owners of residential premises included in the HOA of your intention. This must be done so that those who voted for the decision you disputed have the opportunity to defend their position during legal proceedings, or, on the contrary, to side with you. In addition, they have the right to present to the court a variety of arguments that are relevant to the situation under consideration;
• It should be clearly known that in court it is impossible to challenge the same decision made at a general meeting of owners of residential premises twice, even if unrelated aspects of such a decision are disputed.

This restriction was established in order to protect the rights of all owners of residential premises, and to prevent a situation in which each point of the decision adopted by the general meeting will be challenged in separate legal proceedings, thereby paralyzing the work of the HOA.

Before filing a complaint against the HOA in court, you should clearly understand that the process you are starting will be very long and quite tedious.

Therefore, before filing your claim, consult with a professional housing law attorney.

He will help you correctly assess the situation, tell you about possible risks and, if possible, suggest ways to solve your problem pre-trial.

Collective claim: distinctive features

Let's look at how to deal with a property owners' association collectively. Collective complaints carry more weight than individual ones. They are examined more carefully because the conflict is becoming widespread. The main difference of such a paper is that the applicants are not one person, but several at once.

Sometimes such statements are signed by dozens or even hundreds of residents at once. When drawing up the form, instead of the applicant, you should write “from the owners of the apartments in the apartment building located at the address...”.

A list of all applicants is attached to the paper. It states:

• Full name of the resident;
• apartment address;
• personal signature.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

The decision to file a complaint must be made at a collective meeting. Based on its results, a protocol is drawn up with registration of the items considered and decisions made.

Complaint about the HOA to government agencies

If you decide to file a complaint against the HOA with government authorities, then, as in the previous case, make it in two copies. It is worth considering that the complaint you submit must comply with all the rules and regulations for the preparation of such documents.

A properly completed complaint must contain:

• Full name of the government authority to which it is submitted. In our case, such bodies may be the state housing inspection, the federal service for supervision of consumer rights protection and human well-being, as well as the prosecutor’s office. The complaint should indicate to which specific territorial division of one of the above bodies it is being submitted;
• All data about you, including full name, information about your place of residence and registration, as well as contact phone number;
• In the main part of the complaint, describe the essence of the current situation in as much detail as possible and clearly indicate what exactly does not suit you. In addition, please report the results of your appeal to the governing bodies of the HOA;
• Clearly state the requirements that you place on the HOA;
• Indicate what specific actions you expect from government authorities;
• A detailed list of materials that you have attached to this complaint;
• The complaint must be accompanied by your handwritten signature indicating the date on which this signature was affixed.

Sample complaint against an HOA to the Housing Inspectorate.

Sample complaint against an HOA to Rospotrebnadzor.

Sample complaint against the HOA to the Prosecutor's Office.

Sample statement of claim against an HOA in court.

When filing a complaint with government authorities, be sure to include:

• a copy of your identification document;
• a copy of the complaint that you previously sent to the management of the HOA with a note of receipt, and if you were given a response to it, a copy of this response;
• photographic and video recording materials that can confirm the legitimacy of the demands or accusations you make.

We would like to emphasize that there is no fee for filing a complaint with government authorities.

Procedure and deadlines for consideration and response

A formally filed complaint must be reviewed within 30 days. The period is calculated in calendar days. No later than 30 days later, the authority to which the appeal was sent must give a written response. It may contain information about:

• Transfer of a document to another authority. This occurs if the applicant incorrectly correlated the basis for the complaint and the authority to which the form was sent.
• Refusal to satisfy the stated complaint. The response always states the reason for the refusal and provides a reference to a legislative provision that does not allow the applicant’s requirements to be satisfied.
• A positive answer implies that the problem will be resolved within the legislative framework.

If the applicant is not satisfied with the answer, he has the right to file further complaints and even file a claim in court.

Complaint about the HOA to the Housing Inspectorate

The State Housing Inspectorate is the organization whose powers include carrying out inspections and monitoring the activities of enterprises and organizations working in the housing and communal services sector.

Exercising its powers, it has the right to control:

• the quality of services provided by enterprises and organizations;
• the time frame within which housing and communal services enterprises and organizations carry out certain work in residential buildings;
• how orders to eliminate previously identified violations are implemented.

The State Housing Inspectorate operates in every major settlement. It may have structural divisions in the form of city and district departments. You can find accurate information about this by visiting the website of the administration of your locality.

After considering your complaint on the merits, the state housing inspection will conduct an inspection of the HOA. Based on the results of this inspection, if the claims set out in your complaint are confirmed, a resolution will be issued to the HOA to eliminate the identified violations, indicating a specific time frame within which they must be eliminated.

If, during the implementation of control, it is discovered that the HOA has ignored the issued order or violated the terms of its execution, then, on the basis of Article 7.22 of the Code of Administrative Offenses of the Russian Federation, an appropriate fine will be imposed on it.

Complaint about the HOA to the Housing Inspectorate.

Where to complain about the HOA, to whom and how to write a complaint

If the HOA does not properly perform its functions, then the owners have the right to defend their interests. It is not always possible to deal with the problem within the partnership itself. Therefore, its members have a question of where to turn if the management of the HOA does not cooperate.

If violations of their housing rights are detected, owners can complain to the following authorities:

• Rospotrebnadzor and its divisions;
• Housing Inspections;
• Prosecutor's Office;
• Judicial authorities.

Each of these authorities has its own competence, so you should know in what order and in what cases you need to complain there. Even if the letter was sent to the wrong address, the sender will have to receive a response explaining the procedure for contacting the relevant authority.

Complaint about your HOA to Rospotrebnadzor

The regulatory body in the provision of services to consumers is Rospotrebnadzor. If the standards for the provision of services are violated, their quality does not meet standards, or tariffs are inflated, then the owners can complain to this body.

They can send their complaint to the Rospotrebnadzor office at their place of residence. The appeal can be brought in person or sent by mail. The organization's website also has an online application form. The letter should include your details, information about the HOA and the violations it committed.

Complaint to the housing inspection

If the HOA does not fulfill its duties well, then you can also send your complaints to the housing inspectorate. Its main office is located in Moscow, and divisions operate throughout the country. It is better to send your appeal to the inspectorate at your place of residence.

The application is drawn up in writing, indicating information about the applicants, the HOA, and the violations committed. Facts and their legal basis should be presented, rather than unconfirmed speculation. Otherwise, you may receive a negative response to your complaint.

It can be presented in person, sent via mail or the inspection website. Upon receipt of a complaint, the inspectorate conducts an inspection and, if necessary, takes appropriate measures. Violators may be given an order to eliminate the shortcomings, and if it is not fulfilled, a scarf will be awarded.

Complaint about HOA to Rospotrebnadzor

If you believe that your rights have been infringed or violated by the HOA, you have the right to apply for their protection to the territorial bodies of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

This is possible because you, as a member of a homeowners association, in the eyes of regulatory authorities, are, first of all, a consumer of the services provided by the HOA.

In this capacity you consume the following services:

• hot and cold water supply;
• sewage disposal;
• supply of various energy resources;
• operation and repair of common property;
• maintaining local areas and common property in proper condition.

The HOA sets certain tariffs for the services provided to you. The functions of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare include monitoring the quality of services provided by HOAs and the extent to which tariffs for the services provided were legally set.

If you believe that the services provided by the HOA do not comply with established standards, or the tariffs for them are too high, you have the right to apply for protection of your rights to the territorial body of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

Many citizens, at the same time as filing a complaint against an HOA with the state housing inspectorate, send the same complaint to the territorial body of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, simply changing the name of the body to which it is addressed in the text of the complaint.

But this approach is extremely ineffective. It is much more practical not to copy the complaint, but to prepare a new one, taking into account the specifics that are inherent in the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

If violations committed by the HOA fall within the competence of this particular service, then contacting it will lead to positive results for you much faster than filing a complaint with the state housing inspectorate and other regulatory authorities.

It is worth emphasizing that exclusively the Federal Service for Supervision of Consumer Rights Protection and Human Welfare has the right to force an unscrupulous service provider, in this case, the HOA against which you filed a complaint, to return to you the money that you paid them for poor-quality services provided .

Causes of disputes

It is understood that the form of government in the form of an HOA takes into account, first of all, the interests of the owners. But in practice this does not always happen. As a result, disputes arise between owners and board members. Their reasons may be :

• An increase in the cost of utilities that has no legal justification.
• Failure to perform routine or major repairs.
• Spending funds for purposes other than intended.
• Unauthorized making of important decisions.
• Failure to carry out repair work after an accident or deliberately delaying processes.

Any member of the partnership has the right to complain about the HOA.

Complaint against the chairman of the HOA to the Economic Crime Department

Each regulatory authority has the right to inspect the HOA solely within its competence. The State Housing Inspectorate - for the purpose of fulfilling its direct obligations, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare - for compliance of the quality of services provided with the requirements established in the standards.

But where to turn if you think that the management of the HOA is stealing material assets and funds at their disposal?

In this case, you should contact the police, specifically the department for combating economic crimes and anti-corruption.

It is this specialized police structure that investigates various types of economic crimes. To do this, she has the right to seize and analyze the accounting and financial documentation of the HOA.

The complaint you send to the Department of Economic Crimes must contain the same information as complaints filed with other government bodies. However, it should focus not on your suspicions, but on the facts that prove them. Remember that upon your application, the Department of Economic Crimes will organize an inspection of the HOA.

Therefore, when drawing up your complaint, try to avoid accusations that are not supported by significant evidence, based only on your personal emotions.

Indeed, if, as a result of the verification, the facts stated in your complaint are not confirmed, the persons whom you have accused may file a claim against you for the protection of honor and dignity, as well as accuse you of slander. In addition, law enforcement agencies may charge you with knowingly false denunciation.

The OBEP will take 10 days to complete the inspection. After it is completed, if the facts stated in your complaint are confirmed and are sufficient to bring the perpetrators to criminal liability, a criminal case will be initiated, or a refusal to initiate it will be issued if the facts are not confirmed. You will be required to notify you in writing of any decision made as a result of the inspection.

Cases of violation (for example, poor heating and others)

A homeowners' association is the governing body of an apartment building.

As a rule, it is the owners of the premises who want to establish such a form of government - after all, the same owners are at the head of the partnership, which means it is in their interests to do work for the benefit of the house.

The purpose of this organization is to satisfy the needs of owners , prevent problems, and resolve important issues on behalf of residents.

Article 49 of the Civil Code states that this organization, which is non-profit in nature, operates on the basis of a charter .

Help: the charter of a homeowners association is a set of rules on which the activities of this organization are based and all residents take part in their development.

Unfortunately, the members of the partnership do not always find a common language with the residents. Sometimes by accident, sometimes on purpose, but conflicts break out between these two parties, which can be resolved either by the parties themselves, having come to a compromise, or by a third body.

Sometimes residents of a home require disproportionate actions that the homeowners association is not obligated to comply with. But sometimes the members of the HOA themselves, as they say, “go too far.” More than once in judicial practice there have been cases of unlawful and uncontrolled expenditure of funds, concealment of information, theft, and lack of response to the most ordinary, vital requests of residents.

Here is the most common list of violations, based on judicial practice:

1. Mismanagement, which manifests itself in the lack of proper care of the house and failure to provide its basic needs as specified by the charter.
2. Inappropriate and unreasonable waste of homeowners' association funds. Manifests itself in theft, disproportionate spending, and inconsistent purchases.
3. An unreasonable increase in house rent, which is not related to an increase in utility tariffs and wages for certain categories of workers.
4. Low quality of paid services provided. It manifests itself in negligence either in relation to the expenditure of budget funds, or in the selection of personnel and funds necessary for repair work.
5. Lack of response to residents' requests to troubleshoot problems.
6. Not turning on the heating at the start of the heating season.
7. No hot water supply.
8. No cosmetic repairs.
9. Lack of renovations in the building.

This list is not complete or exhaustive, so if you feel that your rights are being violated in one way or another by your homeowners association, do not rely solely on this list . You can write a complaint to the HOA.

For an example of how to write a complaint to an HOA about poor heating, see here.

Complaint to the Prosecutor's Office against the chairman of the HOA

You will be able to contact the Prosecutor's Office with a complaint against the management of the HOA only if you have data on violations committed by them, confirmed by an inspection by the state housing inspection.

In addition, you will be able to file a complaint with the Prosecutor's Office if you have an independent expert's opinion, or it has been established that you have suffered damage as a result of actions or inactions of the HOA management.

Complaint to the Prosecutor's Office against the chairman of the HOA.

It is worth considering that the Prosecutor’s Office is not authorized to independently initiate an audit of the activities of the HOA. It has the right to react only if, as a result of an inspection carried out by any of the regulatory authorities, significant violations are revealed in the activities of the HOA. In addition, not an individual, but a collective complaint should be submitted to the Prosecutor's Office.

This is explained by the fact that the Prosecutor's Office can only support collective complaints during court proceedings, or individual complaints filed to protect an incompetent person.

What is HOA

A homeowners' association (HOA) is a small association of residents who own apartments in apartment buildings. Such partnerships are created to resolve a number of issues related to home maintenance. This is a non-profit organization that is designed to improve the living conditions of all citizens, but more often than not, some specific actions can only be expected from it by writing an application to the State Housing Property Committee or other higher authorities. The activities of such an organization are determined by special regulations.

Most often, disputes with HOAs arise precisely because of their inaction. The main causes of disputes include: failure to comply with the terms of the contract, unauthorized price increases, and poor quality of services provided.

You can also add to the list of reasons why people often complain about HOAs:

• the partnership uses the common property of the house for the personal purposes of the chairman;
• the house and entrance are not being repaired;
• the courtyard area and entrance are not cleaned, unsanitary conditions;
• interruptions in temperature and water pressure;
• The elevator doesn't work, etc.

It often happens that people simply do not know where to complain about the HOA and how to correctly write a statement against the chairman, where and to whom to send it, so they leave everything as it is, in a deplorable state.

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Statement of claim against the chairman of the HOA

The highest authority you can turn to to protect your legal rights and interests is the court. If you have evidence that the management of the HOA has committed illegal acts that infringe on your legal rights and interests, you can file a claim directly in court, bypassing all previous instances.

Please note that it is better to entrust the drafting of a statement of claim to a professional lawyer. This will increase your chances of getting it reviewed favorably.

Protecting your interests in court will require you to make certain financial investments. However, if the court makes a positive decision for you, all your expenses will be compensated by the defendant.

Before filing a lawsuit, it is advisable to seek advice from professional lawyers who can assess your chances of a positive outcome of the case. This will help you avoid unnecessary costs associated with litigation.

If the amount of the claim you are filing does not exceed 50,000 rubles, then it should be filed in the magistrate’s court. The proceedings on this claim will be carried out in a simplified manner and will not take much time. File the claim in the magistrate’s court at your place of registration.

In the submitted statement of claim, indicate the subject of your claims and the amount at which you estimate them. Complete the application in two copies. Having attached to one of them documents confirming the legitimacy of your claims, it should be submitted to the court.

Statement of claim against the chairman of the HOA.

If you filed a complaint with the HOA and received a written refusal to satisfy it, be sure to attach copies of these documents to the statement of claim.

Deadlines

The accepted period for consideration of complaints in any of the authorities is 30 days.

This period may be extended twice if circumstances so require.

from the chairman, the HOA itself and the housing inspection about the progress of the review , for example, by phone.

If during the specified time the problem remains relevant or is completely ignored by one of the authorities, the following steps should be immediately taken, that is, contact a higher authority.

General regulation occurs in accordance with the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation”

Keep all copies of requests and responses..

A complaint to a homeowners association about the lack of hot water at the required temperature is a sample.