The Process of Filing a Complaint Against an HOA Board Member: Insights from an Experienced HOA Lawyer

As a homeowner in a homeowners association (HOA), you may find yourself in a situation where you want to raise a concern or submit a complaint regarding the conduct of an HOA board member. Whether the issue involves a potential violation of the governing documents or other conduct concerns, it is important to understand the process that may apply in your community. Here are general steps that may be available in California.

Step 1: Review the Governing Documents
The first step in submitting a complaint regarding an HOA board member is to review the governing documents (such as the CC&Rs, bylaws, and rules). These documents may outline procedures for submitting complaints, internal dispute resolution, or standards of conduct for directors. You can also review any correspondence or documentation related to the concern.

Step 2: Document the Alleged Misconduct
Once you have reviewed the governing documents, you can document what occurred. This may include taking photographs (where permitted), keeping copies of letters, emails, and notices, and maintaining a dated written record of events. If there are witnesses, you may also note what they observed. (California law generally restricts recording confidential communications without the consent of all parties.)

Step 3: File a Complaint with the Board
The next step is to submit your complaint in writing to the HOA board (or, if applicable, to the association’s management company) and include any supporting documentation. Depending on the association’s procedures and the nature of the concern, the board may review the matter, respond in writing, or suggest an internal dispute resolution process.

Step 4: Consult with an Experienced HOA Lawyer
If you are unable to resolve the matter through the above steps, you may wish to consult with an experienced California HOA lawyer. An attorney can review the governing documents and applicable California law (including the Davis-Stirling Common Interest Development Act) and explain potential dispute-resolution options that may be available.