Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Question: I purchased a townhouse about 5 years ago and there has been no issue with the HOA. About 6 months ago we started receiving many notices that there have been complaints about my property. The house has been maintained the same way over the 5 years and has not been an issue until this point. When questioning the management company and the HOA board, neither will inform me as to who is filing the complaints. I was curious is there any way that I can force them to tell me who is filing the complaints. I do believe this is harassment from a neighbor who is using the HOA to harass myself and my wife.
Answer: You will probably want to consult with a local attorney before you take any action, but the first thing is to look at your HOA documents to see if there is any specific rule about complaints. Second, your state law may (not likely) have some provision for this.
If you’re being treated differently from the other owners, you may want to take the position that you don’t need to respond to any notices that go beyond what the other owners are expected to do. That’s a risky position to take, as you could find yourself on the receiving end of a lawsuit, fines, or even foreclosure, so again, consult with a local attorney, versed in the HOA and property laws of your state and county, before you take that step.
