Board members will inevitably encounter HOA complaints during their service. Complaints can come in many forms, and if left unresolved or poorly handled, they can escalate into full-blown disputes, formal claims, and even legal action. Associations must have a consistent process for reviewing, responding to, and resolving complaints.
What are the Most Common HOA Complaints?
Homeowner association complaints can vary, but the most common ones include:
- Inconsistent rule enforcement
- Poor communication
- Parking violations
- Landscaping and maintenance
- HOA noise complaint
- Pet issues
- Boundary line disputes
- Holiday decorations
What Should an HOA Complaint Procedure Include?
An HOA complaint process should include a designated way to submit complaints, acknowledgment, determining who should handle them, reviewing the facts, and documenting the process. Let’s discuss these below.
1. Give Homeowners a Designated Way to Submit Complaints
First, the association must establish a consistent way to receive complaints. This can be an email address, an owner portal, or a written HOA complaint form. These should explain what information owners should provide and where complaints should go based on their nature.
2. Acknowledge the Complaint
Next, the HOA or condo association must confirm receipt of the complaint. The board should also tell the owner what will happen next. Avoid promising anything at this point. Instead, tell the owner the board will review the issue.
3. Determine Who Should Handle the Complaint
Depending on the complaint, the HOA board must assign it to the authorized person. For example, complaints about neighbors that involve rule violations should go to the board or management company. On the other hand, complaints about a maintenance issue should be delegated to the appropriate vendor.
4. Review the Facts
When deciding how to resolve complaints, board members must check state laws and their governing documents. Review relevant records, notices, correspondence, and photographs. When appropriate, give affected parties an opportunity to provide information.
5. Document the Process
Proper documentation should always be a part of the complaint process. Boards must record the complaint, the steps they took to investigate it, and the final decision. Retain all relevant correspondence and supporting documents. These may come in handy later on.
How to Respond to HOA Complaints Fairly
To respond to HOA complaints, the HOA board must listen before responding, apply the governing documents consistently, keep the response professional, explain the decision, and follow notice and due process requirements in DC. Let’s discuss these below.
1. Listen Before Responding
When homeowners complain to the HOA about neighbors, the first step should be to listen. Board members must allow the owner to explain their concern. The owner might ask for a specific solution, but the board should avoid making promises. Instead, let them know that the board will investigate the matter thoroughly.
2. Apply the Governing Documents Consistently
Associations must implement their HOA complaint policy fairly and consistently. If a complaint involves a rule violation, the HOA board shouldn’t skip due process. Don’t make exceptions just because a homeowner repeatedly files the same complaint.
3. Keep the Response Professional
Board members should always maintain a professional tone and demeanor. For example, when dealing with HOA complaints about rules, the board shouldn’t talk condescendingly to the owner or become argumentative. Instead, explain the rules to them and why they matter.
4. Explain the Decision
After reviewing the complaint, the HOA board should inform the complainant of the findings and decision. Explain the applicable rule or policy and state what action, if any, the board will take.
5. Follow DC Notice and Due Process Requirements
When a complaint involves possible violations, associations must follow due process. In DC, for instance, Section 42–1903.08 of the Condominium Act requires notice and an opportunity to be heard before imposing a fine. A complaint isn’t enough to prove a violation occurred.
How to Handle HOA Complaints Repeatedly
To handle repeat complaints, the HOA board must determine the resolution status, refer back to the previous resolution, and set reasonable communication boundaries. Let’s discuss these below.
1. Determine Resolution Status
If the board receives a repeat complaint, first review whether the underlying issue has been resolved. Don’t automatically dismiss the complaint simply because it has been previously brought to the board’s attention. The association may not have resolved the issue in its entirety the first time.
2. Refer Back to the Previous Resolution
If the board has already resolved the issue, it should refer to the previous resolution. This helps clarify the previous decision and whether anything has changed since then.
3. Set Reasonable Communication Boundaries
If the owner raises the same issue once again, the board should refer them to a designated channel for continued correspondence. Avoid lengthy one-on-one disputes. If the issue has been resolved and the owner simply doesn’t like the resolution, the board can simply inform the owner that the matter is closed and will no longer be entertained.
When Homeowners Complain Directly to the HOA Board
It is not uncommon for owners to approach the board directly when they have a complaint, especially when they are complaining about the HOA itself. When this happens, the board must follow the established procedures.
First, direct the owner to the appropriate complaint channels. Informal complaints can’t be documented properly. If an owner contacts an individual board member about the issue, encourage them to follow the proper process instead.
Again, it is never a good idea to make promises or commitments right off the bat. Individual directors should never speak on the association’s behalf without authorization. The board must act collectively and address matters as a unit.
Sometimes, the board will direct the complaint to an HOA management company. This usually happens when the complaint is administrative or doesn’t involve a decision. For example, a manager can handle a complaint about a faulty streetlight in a common area and refer the work to a maintenance company.
If internal procedures don’t work, consider enlisting a mediator. Complaints about the HOA board, in particular, often require third-party assistance to avoid conflicts of interest.
The Proper Way
A consistent process for handling HOA complaints can help boards address concerns before they escalate. Associations must listen, investigate, and apply the governing documents consistently to every complaint they receive. They must also communicate the decision and document the entire process to protect themselves in the future.
TNWLC offers HOA management services to communities in Washington, DC. Call us today at (202) 483-8282 or contact us online to get started!
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