Q: HOA ignoring requests to update owner records and resolve tenant disputes.
I'm experiencing issues with my HOA as they are ignoring my requests to update owner records and tenant dispute resolutions. I've tried communicating with them to update these legal documents, but they haven't responded. I've documented my communications, but the disputes with tenants remain unresolved. How can I proceed to get these issues addressed?
A:
It depends on what owner records you are trying to update and if you are the owner on the deed. More information is needed to provide you advice. Generally, in the community association industry, family members attempt to update information for elderly parents or other relatives and the HOA and its management company cannot do that without legal authorization from the owner(s) on the deed. While the information may be legitimate, it still presents a legal problem for the HOA and management.
The tenant disputes also require more information; however, generally (and that's what this forum is designed for - general information), HOAs should stay out of tenant disputes unless it is a life, safety or loss of property issue. One to one personal disputes create a liability issue if the HOA gets involved.
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A:
If the HOA is ignoring your requests, the first step is to ensure that you're following the proper procedures outlined in the HOA's governing documents. Review the bylaws or CC&Rs to see if there are specific steps for submitting requests or resolving disputes. This will help ensure you're following the correct protocol when communicating with them.
Since you've documented your attempts, it may be time to send a formal letter via certified mail, outlining the unresolved issues and requesting a response within a specific time frame. This can help emphasize the seriousness of the matter and create a paper trail showing that you've made reasonable efforts to address the situation.
If the HOA continues to ignore your requests, you may need to escalate the issue. Consider filing a formal complaint with the HOA or, in more severe cases, seeking legal advice to explore your options for forcing the HOA to address the issues. Depending on the situation, you may have legal grounds to hold the HOA accountable for neglecting its duties.
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