One of the most common homeowner concerns is a board that appears to be operating outside the governing documents or state law. The appropriate steps depend on the nature and seriousness of the issue.
• Document the issue: Identify specifically which provision of the governing documents or applicable state law the board appears to be violating. Vague concerns are harder to address than specific ones.
• Raise it in writing: Send a written request to the board at a properly noticed meeting, or submit a written complaint through whatever process the governing documents establish for homeowner concerns.
• Request records: Homeowners have the right to inspect association records including meeting minutes, financial documents, and governing documents. A records request often surfaces the documentation needed to evaluate whether a board action was proper.
• Pursue formal dispute resolution: Most state HOA laws require associations to offer IDR and ADR before homeowners can pursue civil litigation. Use these processes before going to court.
• Escalate to state oversight: Some states have regulatory oversight of HOAs. Florida has the DBPR, California has the DRE, and several other states have complaint processes through their attorney general or consumer protection offices.
• Vote out the board: Homeowners elect the board. If the board persistently fails to follow the governing documents, organizing homeowner votes to remove and replace board members is the fundamental governance remedy.
Traditions 