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HOMEOWNERS ADVOCATE GROUP
Engaging, Educating and Inspiring Homeowners Since 2005
      Homeowner Consultation - Support Services - Community Advocate Support - Legal Links & Options - Educational 
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Homeowners Advocate Group

Protecting Your Rights, Home and Community


Free State - Federal

Legal Resources


Why pay the exorbitant attorney fees to enter a law suit, mediation or an arbitration, when there's no guarantee of winning or receiving  an ultimate decision, appearing to be  completely unreasonable. 


As tax payers you have already paid for the free use of your state and federal agencies. Let them investigate your HOA issues at no cost to you, except for the postage when mailing in your compliant.


The below state and federal agencies  may be from California, but all states have the same agencies. You can find and link up to these agencies websites via the internet. 


State of California Department of Justice

Office of the Attorney General

Website Link


HOMEOWNER ASSOCIATION / NON-PROFIT MUTUAL BENEFIT CORPORATIONS

The Office of the Attorney General has limited, discretionary authority to intervene on behalf of homeowners who are denied certain prescribed rights provided by the California Corporations Code. Since homeowners associations are usually set up as non-profit, mutual benefit corporations, the Office of the Attorney General has discretionary authority under section 8216 of the California Corporations Code to intervene on behalf of non-profit, mutual benefit corporation homeowners association members who are denied certain specified rights and submit a complaint to the Attorney General. 


A summary of the homeowners associations complaints that fall under the jurisdiction of the Office of the Attorney General is provided below.

Corporation Code                               Violation

Corp. Code, Section 7510(b)           Failure to hold a regular meeting of members.

Corp. Code, Section 7510(e)            Failure to hold special meeting after demand by 5 percent or more of members.

Corp. Code, Section 7511                 Failure to provide notice of a meeting to members.

Corp. Code, Section 7511(a)            Failure to provide timely notice of meeting to members.

Corp. Code, Section 7512                Transacting business not otherwise authorized in the bylaws at a meeting of                                                                           members with less than a quorum.

Corp. Code, Sections 7513, 7514    Failure to provide members with properly conformed written ballot or proxy as                                                                   authorized in bylaws.

Corp. Code, Section 7520               Failure of mutual benefit corporation to provide for reasonable means of                                                                                 nominating and electing persons as directors.

Corp. Code, Section 7615                Failure to abide by its bylaws authorizing cumulative voting for directors.

Corp. Code, Section 8320               Failure to keep books and records, minutes of proceedings, or                                                                                                     list of members.

Corp. Code, Section 8321(a)            Failure to prepare an annual report.

Corp. Code, Section 8321(a)            Failure to provide annual report to member up[on written                                                                                                              request.

Corp. Code, Section 8330(1)           Failure to allow inspection and copying of names and addressof members upon                                                                   written request.

Corp. Code, Section 8330(2)          Failure to send member list of names and addresses of members upon written                                                                       request.

Corp. Code, Section 8333                Failure to allow inspection of books and records.

Corp. Code, Section 8334               Failure to allow director to inspect and/or copy books, records, and documents                                                                    of the corporation.

Corp. Code, Section 8215                Falsification of or tampering with association reports or records.


If you would like the Office of the Attorney General to generate a Notice of Complaint letter for any of the above violations, please fill-out and submit a compliant form. Your complaint must specify which of the above mentioned Corporations Code(s) that you allege the HOA has violated. Please attach to your complaint copies of supporting documentation, as we are unable to return your originals. Please include a copy of your written request(s) to the HOA as well as the HOA response letter(s).


After reviewing a complaint, and if appropriate, the Attorney General may send a "Notice of Complaint" letter with a copy of the submitted complaint to the corporation. We request that the corporation responds to both our office and the complainant within 30 days.



State of California Fair Housing

Complaint Process

The Department of Fair Employment and Housing (DFEH) maintains the authority to investigate complaints of discrimination in the areas of employment, housing, public accommodations and hate violence. The following description of the complaint process is intended to help you understand our procedures and assist you through our system. If you believe you are the victim of illegal discrimination in the areas of employment, housing, public accommodations or hate violence, you may file a Pre-Complaint Inquiry to initiate the complaint process. 

Disclaimer


Homeowners Advocate Group is not a law firm, nor is the services by the founder or any associates to be considered as legal advice. At all times the petitioner (homeowner/titleholder) has the option to consider and/or not put advice into use. If the petitioner is not satisfied with the final outcome of their issues, they will not hold Homeowners Advocate Group or any of its associates accountable.



OVERVIEW OF COMPLAINT PROCESS

A complainant is the person filing the complaint.  A respondent is the entity or person named in the complaint (employer, landlord, individual harasser, etc.).

 Complaint Filing Flowchart



Internal Revenue

 

Website Link


The Internal Revenue Service (IRS) will determine if there has been a violation of federal tax law. Submission of their form is voluntary. Upon receipt of the form, the IRS will send you a letter acknowledging receipt of the information you submitted. If at a later date you wish to submit additional information regarding the organization, attach a copy of the form initially submitted, and send it to the original address. 


Describes the organization’s alleged violation. More than one line may apply. If none of the descriptions appear to apply, briefly state the issue on the Other line. 


Provide specific details of the alleged violation including names, actions, places, amounts, dates, and the nature of any evidence or documentation (who, what, where, when, how). Include the names of other organizations, entities, or persons that may be involved with the organization, providing EINs or SSNs, if available. 


NATURE OF VIOLATIONS: 


  • Directors/officers/persons are using income/assets for personal gain 
  • Organization is engaged in commercial, for-profit business activities 
  • Income/assets are being used to support illegal or terrorist activities 
  • Organization is involved in a political campaign 
  • Organization is engaged in excessive lobbying activities 
  • Organization refused to disclose or provide a copy of Form 990 
  • Organization failed to report employment, income, or excise tax liability properly 
  • Organization failed to file required federal tax returns and forms
  • Organization engaged in deceptive or improper fundraising practices 
  • Other (describe):