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.
The Office of the Attorney General does not handle most homeowners associations (HOA) complaints. Please consider contacting a private attorney if your complaint is about:
- The Davis-Stirling Common Interest Development Act (California Civil Code section 4000 et seq.)
- The HOA's rules, commonly referred to as Covenants, Conditions and Restrictions (CC&Rs)
- Services and amenities or maintenance issues
- Property management companies
- Accountability for common interest assets, i.e., landscaping, pools and clubhouses
- Parking and the towing of vehicles
- Dues, assessments and citations
- Costs related to written document production requests, such as copying or redaction fees
- Foreclosure proceedings
- Poor management, misappropriation or negligent handling of corporate assets
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.
However, 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. Before making a complaint to our office, please check that the following two conditions are true:
1. The HOA is set up as a non-profit, mutual benefit corporations (most, but not all, HOAs satisfy this condition); and
2. Your complaint is about one of the violations listed in the table 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.
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.
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.
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
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):