Complaints to the HOA: where to complain, how to draw up and submit an application, what is the procedure for considering it?

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Published: 10/05/2018

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The main reason for tenants to have complaints against the HOA is the ineffective management of the apartment building.

• Where to complain about the HOA
• How to write a complaint against an HOA Required documents
• Procedure and terms for consideration of a complaint

An HOA is a non-profit organization that is a legal entity, regulated by a charter and operates on the basis of Article No. 135 of the Housing Code of the Russian Federation. Accordingly, violation of the charter and the provision of services in an improper manner are the main problems in the work of the HOA.

As practice shows, the most common reasons for complaints against residents' associations are problems such as:

• poor-quality housing and communal services , interruptions in their supply or complete absence;
• lack of proper care of the common area : entrance, yard;
• failure to make necessary repairs to the building and utilities;
• exceeding the powers of the chairman or board , misappropriation of funds on their part, embezzlement;
• inflated housing and communal services tariffs;
• actions of the chairman or board that contradict the charter or legislation of the Russian Federation.

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.

Activity check

If the chairman, due to personal qualities, simply cannot cope with his duties, it is enough to remove him.

But you can’t just let go of a manager who has squandered common money, for example, or who has committed theft of common property. In this case, a change in management is also accompanied by inspections by regulatory authorities.

If theft is suspected, a statement against the chairman is submitted to the Police. You can attach an inspection report to your application, which will confirm the lack of material resources.

Where to complain?

If conflict situations arise, residents should first address questions to members of the HOA board. The supreme authority in this chain is the chairman. Any complaints can be submitted to his name. He, in turn, is obliged to consider them and answer the questions posed.

Lack of response to the owners’ statement or unwillingness to solve the problem that has arisen gives residents the right to appeal to higher authorities. Let's look at who controls homeowners' associations. You can file a complaint with the following authorities :

1. Housing inspection.
2. Rospotrebnadzor.
3. The prosecutor's office.
4. Judicial authority.

Each body has a number of powers to solve problems that arise within the HOA. Direct control over the activities of real estate owners' associations is carried out by the housing inspectorate. This organization has the right to influence the activities of the HOA by canceling measures already introduced or forcing the adoption of certain norms in the activities of the partnership.

Change of management of the cooperative

Sometimes it is not necessary to complain to the prosecutor's office or court about an official who is poorly performing his duties. It is enough to remove him from his post and choose a worthy person. Members of the cooperative and residents of houses included in its composition have this right in relation to the chairman of the housing cooperative.

You just need to initiate a general meeting and hold it in accordance with all legal norms. To raise the question of removing a person from such a position, his inadequacy must be proven.

ATTENTION! The chairman is re-elected even if he is absent from the meeting.

The fact of the removal of the old leader and the election of a new one must be documented in a protocol. This is an important document, it must be kept by the board, and information from it is registered in the Unified State Register of Legal Entities. The charter of the housing cooperative does not change at the same time.

Reasons

Members of the HOA have the right to appeal to any higher authority with a complaint about the action or inaction of the chairman. There is no prohibition on contacting one or another organization. But it should be borne in mind that the effectiveness of resolving individual issues depends on the authority. Each organ has its own focus and solves specific problems. Where to send complaints for various reasons:

Additional rights

Each housing construction cooperative elects a board, draws up and approves a charter, which defines the powers of officials.

The entire board of directors acts on the basis of the Charter and state legislation in the housing sector. But the chairman can perform additional duties or have additional rights at the request of the residents, with their consent:

• Responsible right - to represent the community of residents in various government bodies. The chairman can advocate for the interests of home owners in court.
• Also, such an official can manage the residents’ money, which they collect within the agreed budget for the purchase of, for example, stationery or house cleaning products.
• Since the chairman must monitor the extent to which the residents of the house comply with the rules of living in it, he can file a lawsuit against violators. Not all members of cooperatives are aware of this right of the chairman of the board.
• During the operation of housing cooperative buildings, repairs and other work will be carried out more than once. And this official has the right to enter into contracts with those craftsmen and companies that will provide repair services.
• If residents need any documents, certificates regarding their property, the chairman can issue a document and confirm it with his signature.

How to write an application?

When contacting the chairman of the HOA or any of the listed authorities, the applicant must adhere to several basic rules:

1. The complaint can be individual or collective.
2. The application must be written and official, that is, drawn up in accordance with existing legislative norms.

The complaint is presented in the form of a statement on an A4 sheet. There are no special forms for such applications. The document is written by hand or printed on a printer.

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

8 (800) 302-76-94

Compilation rules

The document must be concise and at the same time provide comprehensive information about the subject of the dispute and the parties to the conflict. To compose the paper correctly, you should present the information in this order:

1. The name of the authority to which the document will be submitted.
2. Applicant details – full name and contact information.
3. The title of the document is “Complaint against the HOA” or “Statement of Claims against the HOA.”
4. Data on the ownership or rental of an apartment in an apartment building - address of the premises.
5. Information about membership in the partnership - agreement number, date of its conclusion.
6. Presentation of the situation on the merits.
7. Proposing a solution to a problem with reference to the law.
8. List of documents attached to the application.
9. Date of.
10. Signature and transcript.

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

8 (800) 302-76-94

The complaint may be accompanied by any photo, video or paper documents that allow you to confirm the claims stated on paper.

Who draws up the document?

Any member of the partnership can file a complaint about unlawful actions of members of the HOA board and violation of their interests. It is not necessary to own an apartment. You can rent premises on an official basis and defend your rights on these grounds.

Do I need to certify and how?

A complaint is a standard statement . It does not require certification by any authority. To submit an application, you do not need written permission from the chairman of the partnership or a collectively expressed decision of all members of the organization.

The application acquires the official status of a complaint after the personal signature of the applicant. In this case, it is necessary to indicate the date of compilation and decoding of the signature.

Number of copies

Written notification of claims to the HOA is submitted:

• In 2 copies , if the document is provided to the organization in person. The receiving party is obliged to put a mark on the second copy, which confirms that the form has been accepted for use.
• In 1 copy , if the paper is sent online or by mail. In this case, the sender will have real or virtual documents confirming the fact of sending.

In both cases, documentary evidence should be retained that the form has been officially accepted.

Complaint against the chairman

A collective complaint against an HOA, like an individual appeal, can be filed with different authorities. Regardless of what essence is written in the document, the board of the partnership must give an answer to it. The highest body of the HOA is the general meeting of its members. He is given the full breadth of powers. A complaint against the chairman of the HOA may be considered on the meeting agenda.

The document reflects that this person does not fulfill the duties assigned to him by the charter of the partnership. You can also complain about the actions of contractor organizations whose work is controlled by the chairman.

The HOA's response time to an owner's complaint is standard and is 30 days.

A complaint is filed with the board if additional services are imposed on citizens or fees are charged that are not reflected in the provisions of the executed agreement between residents and the HOA.

Please note : most often the document is considered by the partnership in favor of the tenant, since it is easier to resolve the issue with one citizen than to wait for the dissatisfaction of many people.

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.

Appeal to the Prosecutor's Office

According to the Federal Law on the Prosecutor's Office, this state body monitors compliance with laws in the country by all citizens, organizations, institutions, and officials, so a complaint sent to the territorial prosecutor about the actions of the management company will be at the right address.

The document is drawn up according to the same requirements that were set out earlier in this article. The main thing is that the text, if written by hand, is readable.

The complaint must contain a statement of the factual circumstances of the conflict that has arisen, without an emotional component.

The complaint is subject to mandatory consideration and entails the adoption of appropriate prosecutorial response measures based on the results of its verification. If signs of an administrative offense are detected, the perpetrators will be brought to administrative responsibility, and if it is established that a crime has been committed, to criminal liability.

According to the law on the Prosecutor's Office, 30 days are allotted to verify the facts stated in the complaint.

ATTENTION! Look at the completed sample application to the Prosecutor's Office:

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.

Reasons for dissatisfaction with the work of the HOA. Where and how to properly file a claim against the HOA?

Often, residents of houses are dissatisfied with the service of the HOA (homeowners' association). However, few of them know where to go to express their dissatisfaction in writing. This article will reveal the main issues and nuances regarding the filing and consideration of such a complaint.

Possible reasons for complaints about HOAs

The HOA is obligated to meet the needs of the residents of the building. It carries out all work in accordance with the Charter or an agreement concluded with the apartment owners. The main reason for owner dissatisfaction is the lack of execution or poor execution of work.

Among the most common statements from citizens to HOAs are:

• utility services are not performed fully or not at all;
• cleaning of the house and the area around the house is carried out poorly or not at all;
• current repairs are not carried out or the deadlines for their completion are violated;
• the HOA manager abuses his powers;
• HOA property is distributed irrationally;
• emergency situations are not eliminated;
• utility tariffs are too high;
• The HOA commits actions that are inconsistent with the laws of the Russian Federation;
• general funds are spent for personal interests;
• some decisions made by the HOA are inconsistent with all owners;
• the emergence of controversial situations.

There can be many reasons for dissatisfaction with the work of the HOA. The question arises about where to go to officially express your dissatisfaction.

Where to file a claim against the HOA?

You can file a complaint against the HOA with the association itself or with government agencies. Owners have the right to file both an individual and a collective complaint.

Filing a complaint at a general meeting

To begin with, you should express your wishes at a meeting of the residents of the house. When an urgent solution to a problem is required, any owner has the right to convene an extraordinary meeting. To do this you need:

• form a group;
• correctly formulate an exciting problem;
• achieve attendance at the meeting of at least 50% of the residents of the building.

These actions are prescribed in Government Decree No. 354 dated 05/06/2011. After three working days, a response must be given in writing. Federal Law No. 59 states that the lack of a response to a received complaint is considered a direct violation. Complaints compiled collectively by a large group of people have a greater chance of receiving a positive response.

Chairman of the HOA

The main and responsible person in the management of the HOA is the chairman. Residents of the house can come to him with a statement stating what they are not satisfied with in the work of the partnership. The Housing Code in Article 143 indicates that owners have the right to request documents from the partnership for review, receive information about the work done, and control the performance of services.

An appeal can be sent in two ways:

• Personally in hands. The application must be completed in two copies. One of them remains with the person filing the complaint. On this copy, the chairman must put the date of acceptance and sign.
• Sending by mail. Dispatch is done by registered mail with notification. When the partnership receives the letter, the complaining owner will receive a tear-off receipt with the date the letter was received.

The response to the complaint must be given no later than 30 calendar days.

Housing inspection

The direct responsibility of this body is to monitor compliance with housing legislation. Representative offices of this body are located in all regions of the Russian Federation. You can view contacts and addresses on the Internet.

The scope of work of this inspection includes:

• compliance with housing legislation;
• monitoring the technical condition of the house;
• monitoring the performance of services by the partnership;
• checking the cost of tariffs for services.

A complaint can be submitted in three ways:

• personally take it to the organization;
• send a registered letter;
• send an email (service not available in all regions).

People come here when rates are too high or repairs have not been carried out. The inspection is obliged to inform that an inspection will be carried out regarding the received complaint. The owner has the right to be personally present during the inspection by the commission.

Rospotrebnadzor

This body controls the implementation of all consumer rights. Owners turn there if the HOA has collected money for unfulfilled services or utility services are not performed.

There are three options for filing a complaint here:

• by registered mail;
• by contacting in person;
• write a complaint on the website.

Prosecutor's office

When there is no result in the first two methods, you can go to the prosecutor's office. Your time will be wasted if you immediately apply here, bypassing the inspection and Rospotrebnadzor. Otherwise, the defendant may claim that they were not notified of the problem.

The application is completed in free form. It is necessary to indicate the details for sending a response. Complaints without these details will not be considered.

The document describes attempts to solve the problem and the responses received from the HOA. The application must be accompanied by papers sent to the HOA, answers and decisions of the partnership. It is worth highlighting your requirements in the text of the complaint. If this is not done, then the necessary result will not be received from the 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.

In what cases can consideration be refused?

The period for consideration of a submitted application to the Prosecutor's Office is 14-30 days. After examining the complaint, the applicant is sent a response: to satisfy the complaint or to explain the decision made by the prosecutor. The notice is sent in printed form to the address indicated in the header of the application. It may also be forwarded to other authorities, which the applicant will be informed about.

The complaint is rejected if the following errors are made:

• meaningless, unstructured text;
• presence of obscene expressions in the document;
• non-compliance with business style of presentation;
• the applicant provided little information about himself (it is necessary to indicate his full last name, first name, patronymic, residential address, contact information);
• illegible writing of the appeal (submit a document typed on a computer in printed form);
• re-submission of the application, while the first complaint is still being considered, the deadline for studying which has not yet expired;
• anonymous appeal.

Also, the document is rejected if an identical application has already been sent to the Prosecutor's Office, and it has made a certain decision.

Do not write an anonymous appeal; the Prosecutor’s Office will not accept it in this form!

Please consult with a qualified attorney before filing. He will point out errors made during registration and help you select the correct references to current laws. The notary's recommendations will speed up the process of consideration of the application by supervisory authorities.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

There is no need to duplicate and submit an application for the same entity. These copies are not subject to consideration; at best, the applicant will receive answers in the form of standard replies. You must wait patiently for official notification. The document is submitted to the Prosecutor's Office once.

If the submitted appeal is rejected, you should not write again to the Prosecutor's Office. Such actions will not affect the situation. Send your application to higher authorities.

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.

What do HOA members complain about?

The main reason for complaints about the partnership is its ineffective work. Often, after creating an HOA, residents notice that only their rent has changed. Moreover, in the direction of increase. Otherwise, the living conditions remained the same as they were when the management company was in charge of everything.

The most common reasons for a complaint against an HOA are:

• unreasonable and excessive increase in utility tariffs;
• misuse of funds collected from HOA members;
• abuse of power by the chairman of the partnership and other members of the board;
• unjustified delay in current building repairs;
• making arbitrary decisions that do not comply with Russian laws or the charter of the HOA itself;
• long-term elimination of the consequences of accidents.

In such cases and in other conflict situations, any member of the created partnership has the right to complain about the HOA. But for a complaint to have any effect, it must not only be drafted correctly, but also sent to the right address.

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.

If the author of the application has something to confirm his words, he attaches evidence to the complaint, listing in it what exactly it is. If the document is submitted in person, it is always prepared in two copies. One of them is transferred to the addressee, and the second is registered by the paper submitter and remains with him.

All correspondence must be carefully preserved in case you have to defend your rights in court.

Concerned Board

Those who have to complain about the HOA for the first time should begin the path of defending their own interests by contacting the board of the residents' association directly.

The claim is usually drawn up and signed by a group of HOA participants. It is announced at a general community meeting. This could be a complaint from homeowners against the chairman of the HOA, members of the board or individual residents of an apartment building who violate the established procedure.

According to the law (Article 45 of the Housing Code), 10% of the members of the partnership can initiate it, having notified the board in writing of the need to convene the participants. In the submitted appeal they formulate the agenda.

The complaint voiced at the meeting is transferred to the board, after which it is obliged to respond to it in writing within 3 days (clause 31, Government Resolution No. 354 of 05/06/2011). If, instead of a proper response, you receive a reply, or nothing has been received at all, you should proceed to complaints to various authorities.

Contacting government agencies

A citizen can complain about the improper functioning of the HOA to various regulatory and law enforcement agencies. The partnership has the status of a legal entity and is under the supervision of several government authorities.

Housing inspection

An application must be sent to this department if a HOA participant is dissatisfied with:

• the level of quality of utility services provided;
• timing of repairs and other work in an apartment building;
• how orders to eliminate identified violations are implemented;
• in what technical condition is the house entrusted to the HOA maintained;
• how the norms of the Housing Code are observed.

Following a complaint to the housing inspectorate, officials are conducting an investigation. If they are confirmed during control activities, the HOA will receive an order from the department to eliminate all shortcomings (indicating the period within which it must be fulfilled).

If the partnership does not eliminate the identified shortcomings and violations in a timely manner, it will face fines in accordance with Article 7.22 of the Administrative Code - up to 50 thousand rubles.

A copy of the complaint, which was originally voiced by the HOA, is attached to the complaint sent to the state housing inspection. Along with it, a photocopy of the legal entity’s response, if it was received, is also given to the officials.

Rospotrebnadzor

One of the effective ways to deal with HOAs is a complaint to Rospotrebnadzor. The main function of this body is to protect consumer rights. Therefore, the complaint should not be lengthy. It must clearly indicate which articles of Law No. 2300-1 were violated by the management or individual members of the residents' association.

This regulatory organization must be contacted after a citizen has tried to resolve a dispute with the HOA itself. The completed complaint is accompanied by a copy of the complaint previously sent to the board, as well as its response to the received paper.

Having indicated in the application which norms of the law on consumer rights are violated by the “comrades”, the submitter asks to check whether the HOA complies with the current legal acts and whether the actions of this legal entity contradict them. If the applicant's information about violations is confirmed, this will be the basis for going to court.

Prosecutor's office

If appeals to the HOA and the above-mentioned regulatory organizations do not help resolve the conflict, the citizen has the opportunity to write a statement to the prosecutor's office. The supervisory authority is called upon to monitor compliance with Russian laws at various levels, including by legal entities operating on the territory of the state.

A complaint against an HOA to the prosecutor's office is also written in any form. Prosecutors are given a month to consider it. During this period, they conduct an inspection, after which they respond to the applicant about its results. A complaint can be filed by one person or by several residents of an apartment building.

Sometimes, when complaining to the prosecutor's office about the HOA, citizens become impatient and, without waiting for a response to the first application, submit a second one. You should not do this, as a repeated complaint in this case will be rejected. If a citizen does not receive any response from the prosecutor within 30 days from the date of registration of the application, he has the right to “signal” the delay to a higher prosecutor.

How does the HOA operate?

According to Art. 135 of the Housing Code of the Russian Federation, HOA is an association of apartment owners of one or more apartment buildings located nearby on a site with a common border or common infrastructure. Such Partnerships have the legal form of a non-profit organization.

Joining the Homeowners Association is voluntary. If less than half of the owners of residential premises have expressed a desire to join the HOA, then the organization cannot continue its activities and is liquidated.

An HOA is created to meet the needs of owners regarding direct living in an apartment building. The HOA is designed to protect the interests of apartment owners, but sometimes the benefit of the owners fades into the background.

In such situations, conflicts naturally arise. As a rule, the HOA acts purposefully, but the owners often do not know which actions of the organization are legal and which are not. Sometimes apartment owners do not even suspect that their rights have been violated. Even if this is obvious, not everyone knows how to influence the Partnership and where to complain in order to defend their interests.

On the territory of Russia there are more than fifty legislative acts regulating the activities of HOAs. The main regulatory document on this list is the Housing Code of the Russian Federation.

The Housing Code of the Russian Federation provides for forms of management of an apartment building, as well as the rights and obligations of participants in such relations. The code prescribes the procedure for forming an HOA, selecting a chairman and liquidating the organization by going to court.