The Homeowners Partnership (HOA) is, by law, a non-profit legal entity that exercises the functions of housing and communal services and residential buildings in apartment buildings. The authority of the HOA includes the management of an apartment building (s), as well as communal property in the interests of homeowners, as well as the provision of utilities within its territory. Poor work of HOAs or abuse of partnership administration is the most common violation. In such a situation, it is useful for residents to know where to complain about the inaction of the HOA or the unscrupulous performance of their functions by the organization or individual officials of the partnership.
When can and should I file a complaint or claim with the HOA?
In order to have an accurate idea of ​​who and where to complain about HOA, it’s worth understanding what this organization is and how it functions. The structure of one partnership may on a voluntary basis include all, without exception, the owners of the apartments of one or more multi-apartment residential buildings. The organization acquires legal authority if the HOA consists of 50% or more of the total number of homeowners. Board - the administrative body of the HOA and its chairman are elected at a general meeting of members of the organization. It is this executive body that is obliged to solve current issues related to the management of the house (s) and the adjacent territory, improvement and maintenance of common building premises, and other domestic issues, while the purpose of the partnership is not to make a profit. All payments transferred by residents to the HOA assets are used to organize normal life activities and improvement of buildings, premises and territories related to the partnership.
The main complaints of apartment owners on HOA, as a rule, are related to material and financial abuses and other illegal actions of the board:
- Violation of the rules of operation and maintenance of the building of the house and (or) property, misuse or mercenary use of common house property. For example, illegal redevelopment of the total area, unauthorized buildings on the territory or leasing of non-residential premises, garages, parking spaces.
- Abuse of official powers of representatives of the board: illegal decisions and refusals, falsification of documents, infringement of the rights of individual residents, etc.
- Homeowners' association clearly inflates tariffs for housing and communal services (when utilities are provided directly to residents);
- Poor provision of utility services: regular shutdown of hot water, sewage malfunction, untimely waste disposal, etc.
- Failure to perform repair or beautification duties;
- Distribution of debts on utility bills made by one of the tenants among other apartment owners.
- Illegal change or re-election of the chairman and other members of the board;
- The waste or use for personal purposes of money intended for the maintenance of the house, state and municipal subsidies, falsification of financial statements.
- Unlawful seizure and exploitation of premises and house territory by unauthorized persons.
Depending on the nature of the claims against the HOA, the owner of the apartment can write a complaint to the supervisory authorities, the police, the prosecutor's office or file a lawsuit with the court. But before deciding where to complain about the chairman of the HOA or other officials of the organization, you need to try to solve the problem within the partnership, of which the dissatisfied landlord is a member.
How to make a statement (complaint, claim) in the HOA?
The initial "authority" where to complain about the HOA in the first place is the chairman and the board of the partnership. This must be done for two reasons:
- Many controversial situations can be resolved by simple written appeal. This is much faster and cheaper than a lawsuit or waiting for a response from regulatory organizations.
- Even in a situation where the board did not respond to complaints or did not recognize the illegality of its decisions, HOA responses to appeals and copies of letters will come in handy later on when submitting a complaint to the prosecutor's office, court or other instances as evidence of the HOA's inaction (negligence).
But for this it is necessary to properly file a claim (appeal, complaint), drawn up with the indication of mandatory information. A claim (complaint) is written in the name of the chairman indicating the full name of the organization. The document must be entered:
- Information about the applicant or applicants, if a collective complaint is filed: full name, address of residence and registration, contact phone number;
- A detailed description of the contentious situation or the nature of the claims;
- Requirements for HOA, and the expected time for their implementation;
- The list of applications - evidence that you attached to this complaint;
- Signature, date of signing.
It is important to consider the following points when sending a complaint to the board of directors of a partnership or controlling structures:
- The appeal must be officially recorded. For example, in the register of incoming correspondence of the HOA or by the signature of the chairman affixed to the applicant’s copy.
- In case of refusal to fix the appeal, the document should be sent by registered letter.
- It is better to make a claim to the organization of owners together with other residents who are dissatisfied with the quality of the partnership. Collective appeals are dealt with faster and have greater weight in resolving contentious issues.
Appeal to regulatory authorities
Where to complain about the actions of HOA, if the claim addressed to the chairman did not correct the situation?
Owners of apartments have the right to write an appeal (complaint) to protect their rights and interests to the controlling bodies of state power. Where exactly should you file your complaint?
The following agencies may act as controlling organizations in the field of housing and communal services and condominiums:
- The district police inspector.
- Territorial offices of Rospotrebnadzor.
- Prosecutor's office.
- State Housing Inspectorate.
Where to complain about HOA in each case depends on the nature of the claims to the partnership.
How to make an appeal?
An application to the housing inspectorate or other regulatory authorities is made in a free form, indicating the following mandatory information:
- The full name of the addressee, that is, the supervisory authority itself.
- The data of all applicants - their full name fully, home ownership, contact phone number.
- Information about HOA: address, contacts, time of cooperation, full name chairman, etc.
- Reason for appeal - a detailed, consistent description of the problem or situation that has arisen, alleged violations of the partnership or its officials;
- Information about appeals to the HOA, legal advice, law enforcement or regulatory authorities indicating the results.
- Requirements for HOA.
- What measures should representatives of government agencies take (oblige, reverse the decision, etc.).
- The list of evidence and materials attached to the application (complaint).
- Signature (s) of all applicants, date of signing.
Appeal to the housing inspection department
The State Housing Inspectorate has the status of a special authorized executive body and operates in each subject of Russia under the local administration. One of the functions of the department is to control the activities of management companies and HOAs. Including the legality of their work and the legitimacy of the board and officials, the economic feasibility of utility tariffs and the quality of the services provided. In case of violations by the HOA board, a complaint (application) to the state housing inspectorate can be submitted personally (through a legal representative), by any postal service (registered letter) or through the Gosuslug Internet portal.
The review period is 10-30 days (in some cases, this period is extended). The inspection can send inspectors to the specified address and conduct an audit. If the violations indicated in the complaint are confirmed by the inspecting inspector, the chairman and the organization will receive an order in which they will be obliged to eliminate the violations within a specific time period. Depending on the severity of the offense, the State Housing Inspectorate may issue a fine in the amount of 10 thousand rubles.
In any case, the owner or group of homeowners will receive a response to the complaint indicating the results of the audit.
The difficulty that residents of small settlements may encounter is the lack of a representative office (department) of this department. For example, the regional office of the State Housing Inspectorate in the Samara Region, where to complain about HOAs in Samara or in any village in the region, is located at the following address: Samara, ul. Krasnoarmeyskaya, house 1. You can submit an application or get advice in this organization personally, by mail (to the specified address) or using the site gzhi-samara.ru.
Contact the police
The police department is a department where you need to complain about the head of the HOA if his actions carry signs of a crime. For example, corruption that flourishes in the organization — attempts by the chairman, passportist, or other persons to receive material “gratitude” from residents for fulfilling their immediate responsibilities. The following offenses may be a reason for appeal:
- Illegal transfer of partnership real estate to the use or property of others.
- Falsification of contracts, certificates, financial documents, etc.
- Assignment (embezzlement, misuse) of money transferred by homeowners to pay for utilities.
- Explicitly overpriced utility bills.
- Illegal use of communal property and other illegal actions of the partnership board.
In this case, an application should be submitted on behalf of one owner of the apartment or a collective application addressed to the district inspector in whose jurisdiction the offending partnership is located. It is also compiled in free form, indicating specific facts with reference to articles of laws. It is better to attach concrete confirmations to the application - documents, photos or videos, etc.
Appeal to the precinct can only be the first step in the police proceedings. If a controversial issue is outside the competence of the district police officer, the complaint will be referred to a higher authority. It is possible that other bodies will be involved in the case - the tax inspectorate, Rospotrebnadzor, etc.
If no response is received from the inspector or the applicants question the results of the verification, a complaint can be made to the name of the police chief of the department to which the district inspector’s office belongs.
Let us consider an example if the violator is the HOA in Murmansk, where to complain about criminal acts by the partnership. You can find out the address of your local inspector’s point, his full name, as well as contact numbers through the State Service or the official website of the regional Ministry of Internal Affairs: 51.mvd.rf. There is also a form of electronic appeal to law enforcement agencies.
Federal Service for Supervision of Consumer Rights Protection and Human Well-Being (Rospotrebnadzor)
First of all, it is necessary to send a letter of complaints to Rospotrebnadzor if the sanitary situation in the house (on the territory of the partnership) leaves much to be desired. Dirt, dampness, mold, irregular cleaning of porches, rodents or insects that no one is fighting with - this is just the minimum list of violations that can be unequivocally addressed to bodies that monitor the quality of housing services. Applications for partner organizations are also accepted. For example, a local water utility that regularly shuts off hot water.
Find out where to complain about HOA in Moscow, you can on the portal 77.rospotrebnadzor.ru.
Appeal to the prosecutor
The vast majority of disputes with partnerships of owners are resolved after applying to the State Housing Inspectorate. But it may happen that going to the authorities does not give a result or the review time is delayed. What can be done, for example, if the HOA issues excessive bills, where to complain about this violation after the rejection of complaints by other inspection bodies? Forwarding a complaint about the partnership’s actions to the prosecutor’s office is a way to influence not only the HOA, but also the inactive supervisory authorities. As a rule, after considering the complaint, the document can be redirected from the prosecutor's office to the housing inspectorate or Rospotrebnadzor (for jurisdiction).
An application to the prosecutor’s office is written in the name of the head of the department in a free form (the procedure is indicated above). When describing an offense, it is better to refer to specific articles of laws. If there is evidence of an offense (crime) in the HOA, the prosecutor is authorized to file a criminal case, which is especially important if the owner of the apartment cannot defend his legal rights and interests on his own.
We give an example where to complain about HOA in the Moscow region. A complete list of district departments with a link to the portal of each of them can be viewed on the website mosoblproc.ru - the official resource of the prosecutor's office of the Moscow region.
Defense of one’s rights through court
Appeal to the court can resolve the most complicated situation and restore the violated rights of the owner of the apartment. The disadvantages of contesting the partnership’s actions are a long trial and the need to spend money on a lawyer and pay court fees.
The statement of claim is made in accordance with the Code of Civil Procedure of the Russian Federation (see Articles 131-135). The document must indicate:
- Full name of the court (available on the site of a particular site);
- Information about the applicant (plaintiff) and the defendant (HOA);
- If necessary, information about third parties who do not state independent claims in the process.
- A detailed description of the situation, data on the results of appeals (checks).
- Specific requirements for the defendant are to eliminate defects, take measures for negligent employees, compensate for damage, etc. It is worthwhile to indicate reasonable deadlines for fulfilling the requirements.
- List of applications.
The application is always accompanied by:
- copy of passport (s) of applicants;
- documents on inspections of housing inspections, prosecutors, copies of correspondence with the HOA;
- receipt of state duty payment,
- other documents relevant to the case.
Where to complain about HOA (in Saratov and the Saratov region, for example), you now know.
Decisions of the general meeting of the HOA - is there a chance to appeal?
A member of the HOA has the right not only to complain about the partnership, but also to appeal the decision of the general meeting of tenants, which seems unfounded or unfair to him. For example, based on the decision of the general meeting, the HOA board issues excessive bills. Where to complain and how to cancel this decision? According to the protocol, the decision was adopted by a majority of votes after hearing the arguments of the chairman of the board. How to act in this case?
You can appeal the decision of other residents of the house at the stage of the meeting. To do this, you need to reasonably indicate your disagreement with the decision and record your position in the minutes of the general meeting. All protocols are checked by the housing inspectorate, which can consider the above arguments during a planned inspection and, if there are reasons, oblige the HOA to review this decision at an extraordinary meeting of owners.
However, the State Housing Inspectorate may agree with the original decision, and the declared protest against the decision to be considered unreasonable. Where to complain about HOA and how to challenge the decision of other owners in this situation?
You can defend your position on a controversial issue in court. The procedure for contesting the decision of the meeting of residents takes place in the following order:
- Get advice from a lawyer specializing in business management in the field of housing law. The consultant will confirm or refute the opinion of the dissenting tenant, suggest pre-trial solutions to the problem, help assess the chances of a successful completion of the trial and draw up a statement of claim.
- Formally notify all HOA members that a specific decision will be challenged in court. The official letter enables all those who voted for the controversial decision to prepare for the trial and defend their opinion in court or settle a conflict issue in the pre-trial period.
- Submit an application to the court with a copy of the minutes of the meeting attached, pay the required fees.
It is important to understand that if the court agrees with the opinion of the general meeting, it will be impossible to challenge the same decision of the owners again.
Consider where to complain about HOA in Nizhny Novgorod, if the illegal action is supported by the decision of the general meeting. You can find out the contact information of the judicial authorities of your area on the city directory gogov.ru. Each Nizhny Novgorod court has its own official website, where you can fill out an electronic appeal form, get information about the judicial plots and the opening hours. Below we look at another example: where to complain about HOA in St. Petersburg? In the event that the passport violates the rights of the tenant.
For what reason and where to complain about a passport from HOA?
The passport office in the HOA is a division of the partnership whose functions include the initial processing of identity documents, registration (accounting) or deregistration at the place of residence, carried out under an agreement with the passport office of the Ministry of Internal Affairs of Russia. The HOA passport acts as an intermediary between the residents of the house and the passport office - it receives the relevant documents from citizens and transfers it to the territorial department. This employee is responsible both for the registration of citizens and the accuracy of the accepted documentation of documents, and for the safety of documents. The chairman has the right to assign to the passportist other functions within the competence of this employee. For example, filling out the register of apartment owners, creating an archive of the passport department and so on.
If a passportist abuses his official position, unreasonably refuses to accept documents, does not comply with deadlines, or requires the provision of certificates and documentation not prescribed by law, then his work can be complained to the direct supervisor - the head of the HOA. In the event that the board or chairman ignores the complaint or supports illegal claims, the landlord can do the following:
- Submit documents to the passport office of the Ministry of Internal Affairs personally, together with a statement about violations of the rights of residents in the passport office of the partnership;
- To file a complaint with the housing inspectorate or the prosecutor’s office, where it is most effective to complain about the work of the HOA and its employees.
- Submit a complaint to the city administration or the administration of your area.
Where to complain about HOA in St. Petersburg, if a passportist requires the owner of the apartment to obtain the consent of the chairman of the HOA to register in the apartment of the owner or his family members? You can get contacts, information about the address and working hours of the housing inspection on the city administration portal www.gov.spb.ru.
The procspb.ru website of the city prosecutor’s office has all the necessary information to answer the question of where to complain about homeowners associations in St. Petersburg — the phone number of the prosecutor on duty and the online reception form.