How to deal with HOA? Samples of complaints to the housing inspection, prosecutor's office and 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.

Causes of conflict situations and disputes

Where do conflicts come from if the HOA is a body created by the residents themselves? As is known, the composition of the Partnership is recruited from initiative apartment owners. A chairman is elected, who then heads the HOA. Residents hand over money every month, which is spent on house maintenance and the salaries of invited employees: janitors, security, entrance cleaners. The house also has an electrician and a plumber who receive payment from the HOA. The partnership is obliged to promptly pay for the elevator, security of the territory, and the intercom company. The expenditure of funds is reflected in the documents of the HOA, and any owner can, if desired, familiarize himself with them.

The main reason for complaints is the ineffective work of the HOA. The activities and objectives of the Partnership are reflected in its Charter and agreements concluded with residents. Violations of the Charter, poor quality services, failure to fulfill obligations - these are the main reasons for filing complaints.

Main reasons:

• housing and communal services are provided poorly or are completely absent (no water, poor heating, no light, etc.);
• untimely cleaning, although the HOA has a cleaner and she regularly receives payment;
• failure to complete started repairs, poor quality work of builders;
• the chairman of the HOA clearly exceeds his authority and ignores the requests of residents;
• the consequences of an accident or equipment breakdown at an apartment building (apartment building) were not eliminated in a timely manner;
• The HOA began to improperly inflate monthly fees;
• the chairman makes decisions that contradict the Charter and legislation;
• Unreasonable spending or fraud has been noticed.

The following points may be reasons to complain about your HOA:

1. It happens that apartment owners enter into additional agreements with the developer of the house, wanting to secure a share of the common property for themselves. For example, installing a door in the entrance in front of the entrance, separating a part of the entrance where residents arrange additional storage rooms for themselves by placing iron doors there. Subsequently, such actions may cause conflict situations with the HOA or other residents.
2. Often, a conflict situation can be provoked by one owner who does not agree to tolerate the arbitrariness of the initiative group at HOA meetings. According to statistics, appealing such decisions is almost impossible. The reasons for disagreement may vary, depending on what the meeting is discussing. For example, whether to install an additional iron door in the yard or install video surveillance so that guards can view the territory. There are many reasons. As a rule, any proposal is subject to a vote and the majority wins.
3. Sometimes controversial situations are provoked by the defaulter. A dissatisfied tenant who decided not to submit for repairs or installation of video cameras when the majority had already handed over the money. It is useless to fight such people, because targeted collections are voluntary. It is also difficult to punish, especially if the matter concerns everyone.
4. Another reason is dissatisfaction with the composition of the approved HOA or the chairman personally. As you know, electing the chairman and composition of the Partnership is the responsibility of the residents. They appoint by vote.

It is worth remembering that filing a complaint is a serious step. If the problem is trivial: a bee has flown in, a light bulb has burned out, it’s cold in the house, hanging in the entrance, etc., then there are not enough grounds for drawing up a specific written complaint. Enough verbal warning.

Important: the debtor does not have sufficient grounds to complain, because in fact he does not pay for the services of the HOA.

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.

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:

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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 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:

If there is no answer

A response to your complaint must be received within a month However, please note that if documents were submitted during the holidays, the deadline may take a little longer. If a month has passed and you have not received a response, do not despair.

It is possible that your complaint has not yet been resolved. To find out if your application is progressing, call the office.

Government authorities will definitely respond to your appeal. There is no need to submit a second application, if only because it will not be considered, since the first one is already under consideration.

Protecting your rights as one of the owners of the premises of an apartment building is your direct responsibility . If you believe that you are being treated unfairly, be sure to fight for your interests.

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.

The law in the current version of the Housing Code of the Russian Federation?

Currently, there are about sixty legal acts in force in Russia, which, one way or another, address issues related to HOAs. However, the fundamental document in this matter is the Housing Code of the Russian Federation, which came into force on March 1, 2005.

The Housing Code establishes the right and obligation to choose a form of management between three possible options - Housing cooperative, premises owners and the HOA itself.

The Housing Code establishes the procedure for paying for residential premises, ways to attract budget subsidies and the possibility of improving the house by carrying out major repairs. The current edition of the Housing Code establishes the procedure for creating an HOA, selecting a manager, as well as the process of liquidating the partnership through the courts. Find out how to start the HOA closure procedure here.

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.

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.

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 .

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.

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.

Terms of consideration

According to the legislation, consideration of a complaint has a limited period. Any organization is obliged to study the claim and provide a response within a maximum of 30 days. This is the lower limit. It doesn’t matter whether it’s the HOA itself or Rospotrebnadzor.

If time has passed and there is no answer, the citizen can resend his own complaint or mark the organization’s inaction as a violation of his rights.

Exceptional cases (force majeure, complex problem, no specialists) allow you to extend the period by adding another 30 days.

When there is no reaction, it is useless to wait; you need to act further and use other means.

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.