having a problem with my homeowner’s
association (HOA). What can I
do about it?
What happens after I file an
I have to fill out an affidavit for
each complaint against my HOA?
Can the Ombudsman and/or Program
Officer make rulings during the
conference to decide who is right
and who is wrong?
My Association wants to bring an
attorney to the conference. I don’t
think that is fair. Do I have to
agree to that?
What happens if we don't reach an
association won’t foreclose on my
home over a $300 assessment, will
they? What right do they have to do
I want to
file an Alternative Dispute
Resolution complaint. How do I
If you want to file a written complaint,
you can file a
Form 530 (Intervention Affidavit).
You are the “Complainant” and the person
(or Board) you are complaining about is
Staff at the Ombudsman’s office review
the affidavit to make sure it is
complete and to make sure you sent
certified mail notice to the Respondent
regarding the exact issues you are
complaining about. If so, then you
and the Respondent will get letters that
summarize your complaints and set up a
date for a possible Ombudsman’s
Conference. This Ombudsman’s
Conference will be a meeting between
you, the Respondent, the Ombudsman
and/or the Program Officer. The
Ombudsman and/or Program Officer will
assist the parties in communicating
about the complaints in a neutral,
(Click here for instructions on how to
file an intervention affidavit.)
No, you can have more than one issue on
an affidavit, just make sure your issues
on the affidavit match the issues in the
letter you send to the Board of
No - the Ombudsman by law gives guidance
to the parties deemed necessary to
assist the parties in reaching a
resolution of the concerns raised in the
Intervention Affidavit. Any
adjudication on the merits of the case
must be by the Commission, its
designated Administrative Law Judges, or
arbitrators in the Alternate Dispute
Resolution ADR program.
No. However, conferences only take place
where the Complainant and the Respondent
agree to participate.
It is up to the individual whether or
not to continue to pursue his or her
concerns. In some instances, the
conference “clears the air” and at least
enables individuals to understand the
point of view of the other side. In
other instances, the Complainant
continues pursuing the concerns either
through a review by the Compliance
Section or by filing for Arbitration or
Formal Mediation through the Alternate
Dispute Resolution (ADR) program.
They have the right to. Homeowners
associations rely on assessments to meet
their obligations. Associations
generally do not want to foreclose on
homes and view foreclosure as a last
resort since the drawbacks are
considerable for the association,
including a continued loss of income,
and a potentially vacant, unkempt home.
Follow this link to ADR Form 523. This form provides a brief description of the three methods of dispute resolution that make up the program - the Referee process, Mediation, or Arbitration. Parties are required to participate in either the Referee process or Mediation before considering Arbitration. The form lists the procedures each party associated with the claim must follow. Once you decide to utilize the ADR process, the next step is to submit Form 520, the ADR Claim Form. This form is interactive. It can be completed online, printed, and mailed or hand-delivered to our office along with the $50.00 filing fee. Our office hours are Monday through Friday from 8 a.m. to 5 p.m., except for state holidays.
There are three requirements to file an Alternative Dispute Resolution complaint:
A properly completed Claim Form 520 with:
a) Complete name and address information for the Claimant(s) and Respondent(s). Include phone numbers and e- mail addresses, if available.
b) Your preferred method of resolution (Mediation or Referee process).
c) Your initials acknowledging that you have read and agree to the policies stated in the ADR Overview form #523.
d) Your signature at the top of the claim form.
e) Your selection of a Mediator or Referee on the last page of the claim form.
- A brief explanation of the dispute. You may also list the page and section of your homeowner association’s Covenants, Conditions and Restrictions (CC&Rs) that are applicable to the issue.
- A $50.00 filing fee.