How do you file a lawsuit against a home owners association?

Answer 1

An important first step is to read your governing documents to verify that you have a valid, legal complaint against the association, as opposed to simply not agreeing with the CC&Rs, the By-laws and other governing documents.

A condominium association is usually a corporation.

If you are an owner -- a member of the association/ corporation -- you can write to the board detailing your complaint.

Then, request a position on a board meeting agenda, and request a discussion of your complaint in an open board meeting.

Finally, request that the discussion and a board vote regarding your complaint become part of the meeting minutes.

In some states and situations, condominium associations are non-profit corporations. Check your state law to more fully understand your options to pursue your complaint under state law. Be prepared to produce the documentation from the board meeting to support your complaint against the association.

Answer 2

Take your proof of discrimination to the local ACLU office -- or engage them online to present your case. You can follow the link below, to discover exactly whom to contact.

As well, take a copy of your governing documents and any applicable lease with you, so that you and the ACLU can understand any existing agreements that you may have with your association, whether you own or rent.

Answer 3

Your answer depends on the nature of the complaint.

Unfortunately, your governing documents give your board substantial power over your real estate investment. Over time, your association may be subjected to directors who, as volunteers, refuse to follow the guidelines established for the community, and take rogue actions.

Depending on the damage you suffer, you can document the complaint -- after researching your governing documents and pointing out the action that fails these guidelines -- by sending a certified letter to the board. Request confirmation from them that their action is in violation of your agreements.

With this evidence you can take your complaint to a local, common interest community-savvy attorney, who can help you bring appropriate action against the board.