A homeowners' association is a non-profit organization. This non-profit organization is created for the sole purpose of managing common property in apartment buildings, as well as providing various utility services to the owners and tenants of residential premises located in these buildings.
A homeowners' association may include either one multi-apartment residential building or a group of such buildings. The maximum number of multi-apartment residential buildings within an HOA is not limited, and therefore these organizations can be quite large, sometimes including entire city districts.
To organize this non-profit organization, it will be necessary to hold a general meeting of the owners of residential premises located in an apartment building, or a group of houses, if the partnership being created is of a fairly large scale.
During this meeting, it is necessary to elect the board and its chairman, who, during breaks between general meetings of owners, will manage the activities of the partnership.
In carrying out its activities, an HOA, like any other organization, can commit a variety of violations. Sometimes the activities of such a partnership begin to run counter to the interests of the owners of residential premises. In this case, apartment owners have the right to begin a fight against such an unscrupulous HOA. To do this, they should send complaints to various authorities.
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Grounds for filing a complaint against the HOA
If you, as the owner of residential premises in an apartment building, come to the conclusion that the activities carried out by the HOA are detrimental to your legal rights and interests, then in accordance with the current legislation of the Russian Federation, you have the right to appeal any decision made by both the HOA board and and its sole chairman.
An analysis of practice shows that the following decisions made by HOAs are most often appealed:
- Establishment of excessively inflated tariffs for housing and communal services. This situation may be caused by the desire of the homeowners association to increase its own profits by artificially inflating tariffs. To do this, they include their own costs associated with managing apartment buildings in tariffs for housing and communal services. Such actions are unlawful, since the costs of the HOA should be included in completely different items, such as “Maintenance of common property” and so on. And even in this case, they must be economically justified;
- If the HOA agrees with one of the owners of a residential premises located in an apartment building for the redevelopment that he has unlawfully carried out, as a result of which the building structures have been damaged, which may endanger the entire house, this is an unlawful action that harms the legal rights and interests of other residential owners premises. In this case, any of them has the right to apply to the appropriate authorities to cancel the issued permit for redevelopment;
- If the HOA uses common property for its own interests. An example could be a situation where the HOA decided to rent out at an unreasonably low price, or even transfer for use free of charge premises that are in common property to persons affiliated with the chairman of the HOA or members of its board;
- Illegal imputation of debt to the owner of a residential premises for certain services. An example of such an illegal action by the HOA is a situation in which a person who purchased residential premises in a house that is part of the HOA is forced to pay off the debts remaining from the previous owner of the premises he purchased;
- Unlawful decisions made by both the board and the individual chairman of the HOA.
It is worth noting that it is quite difficult for owners of residential premises to prove the facts of violations committed by the HOA.
Therefore, if you have the opinion that the activities of the HOA are detrimental to your legal rights and interests, before taking active steps, seek advice from a lawyer who professionally deals with cases in the housing sector. This will help you avoid many mistakes and be more likely to succeed.
In the event that it becomes obvious that the actions carried out by the HOA run counter to the legal rights and interests of the owners of residential premises, the latter have the right to take comprehensive measures to stop this situation. Let's take a closer look at which authorities and how you should file complaints about the actions of the HOA.
Bodies that control the activities of HOAs
If you have encountered any of the above situations, then you have the right to contact government authorities to protect your legal rights and interests and file a complaint with them about the actions of the HOA. But in what situation and where should you file your complaint?
Control over the activities of homeowners' associations is carried out by:
- territorial bodies of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare;
- State Housing Inspectorate;
- territorial bodies of the Prosecutor's Office.
In addition, any owner of a residential premises who believes that the HOA’s actions are infringing on his legal rights and interests has the right to go to court to protect them. To do this, he will need to prepare and submit an appropriate statement of claim. This can be done either independently or through the Prosecutor’s Office.
Grounds for contacting the Prosecutor's Office
A special structure, whose activities are based on the legislative framework and management of apartment buildings, is called a Home Owners Association (HOA). The head of the organization is the apartment owners. Their main goal is to provide comfortable living conditions in a particular home.
The Civil Code of the Russian Federation states that the HOA is a non-profit organization and its work does not involve making a profit. It happens differently in life. Residents forget about the functions of the partnership and demand the impossible from management.
The actions of the HOA must not violate the law. A negative example of the work of an HOA is the lack of response to people’s statements, theft of funds, and failure to fulfill the main tasks of the partnership.
Important! According to judicial statistics, tenants’ claims and appeals to the Prosecutor’s Office are associated with the following problems:
- negligent attitude towards work. The HOA administration performs its functions in bad faith when selecting and ordering materials for building repairs or when hiring personnel. Does not respond to constructive wishes or complaints from apartment owners;
- irresponsibility. The management of the association does not cope well with its responsibilities, there is no contact with residents;
- wastefulness and carelessness. The HOA does not know how to manage money, makes purchases at inflated prices, steals and squanders large sums of money;
- unreasonable increase in payments. An uncharacteristic increase in fees, which does not affect the rise in prices of utility services or the salaries of the partnership’s employees;
- systematic shutdown of hot or cold water without explanation, non-compliance with heating connection times;
- avoidance of fulfilling assigned duties to carry out repairs in entrances and eliminate breakdowns.
The named problems are subject to more detailed interpretation. If apartment owners notice violations on the part of the HOA management, they file a complaint with the supervisory authorities. The prosecutor's office is responsible for control over all organizations: both public and state. Its jurisdiction includes HOAs (non-profit structures).
Watch the video. How to write a complaint correctly:
Appeal to the management of the HOA
This method may seem quite strange, and its effectiveness may raise doubts, but it should not be neglected. It won’t take you much time to draw up a statement and state your complaint and submit it to the governing bodies of the HOA.
There are cases when such complaints submitted in writing are satisfied. And even if your appeal is ignored, this will serve you as an additional advantage during further proceedings.
It was already noted above that in the periods between general meetings of owners of residential premises, the management of the activities of the HOA is carried out by the board and the chairman, who are elected during the general meetings of owners.
Information about the election, as well as the term for which they were elected, is entered into the minutes of the general meeting of owners of residential premises. It is to these governing bodies that a complaint about the activities of the HOA should be filed.
You should formalize the accumulated claims against the activities of the HOA in the form of a statement. It should be compiled in two copies. You need to hand over one of the copies to the chairman, board member, or other person authorized to accept documents submitted to the governing bodies of the HOA.
Sample complaint to the HOA.
In this case, it is necessary that the second copy, which remains with you, bears the appropriate mark indicating receipt of your application indicating the date.
This will confirm the fact that you have contacted the HOA management authorities with your complaint, and can be very useful to you during further proceedings.
In addition to the method described above, you can send your application by post. To do this, you will need to send it by registered mail with return receipt requested.
Please note that in the submitted application you must specifically emphasize that you want to receive a response to it in writing.
It should also be taken into account that a collective appeal submitted to the governing bodies of the HOA will have much more effect if it is submitted from a group rather than from one person.
In this case, the management of the HOA will not want to enter into direct conflict with a large group of dissatisfied people, and will try to satisfy the demands put forward.
Agreement with the HOA for the provision of services.
How to hold a meeting in the HOA, read here.
How to write a complaint to the Housing Inspectorate, read the link:
Document submission options
There are 3 ways to file a complaint:
- text on paper, typed on a computer or written by hand, is sent as registered mail with return receipt requested;
- an electronic form of appeal addressed to the website of the Prosecutor's Office of your region;
- You can independently take the complaint to the Prosecutor's Office, make 2 copies of the application, give one to the prosecutor, and keep the second.
The complaint is filed at the actual place of residence.
Appealing the decision of the general meeting of the HOA
As you can see, appealing against actions or inactions committed by the governing bodies of the HOA is quite simple.
But what to do if you do not agree with the decision that was made at the general meeting of owners of residential premises by a majority vote:
- First of all, during such a meeting, clearly indicate your disagreement with what is happening. Your position must be recorded in the minutes of the meeting. In this case, while carrying out a scheduled inspection, the state housing inspection will consider the arguments you present at the meeting and, if they turn out to be correct, will oblige the HOA to hold a new extraordinary meeting of owners of residential premises and make changes to previously made decisions that will correspond to your arguments;
- If the state housing inspection considers your position to be unfounded, or you cannot wait for its representatives to come check the HOA, you will have to go to court.
In this case, an appeal to the judicial authorities should be carried out taking into account a number of features:
- Before sending your statement of claim to the court, notify all owners of residential premises included in the HOA of your intention. This must be done so that those who voted for the decision you disputed have the opportunity to defend their position during legal proceedings, or, on the contrary, to side with you. In addition, they have the right to present to the court a variety of arguments that are relevant to the situation under consideration;
- It should be clearly known that in court it is impossible to challenge the same decision made at a general meeting of owners of residential premises twice, even if unrelated aspects of such a decision are disputed.
This restriction was established in order to protect the rights of all owners of residential premises, and to prevent a situation in which each point of the decision adopted by the general meeting will be challenged in separate legal proceedings, thereby paralyzing the work of the HOA.
Before filing a complaint against the HOA in court, you should clearly understand that the process you are starting will be very long and quite tedious.
Therefore, before filing your claim, consult with a professional housing law attorney.
He will help you correctly assess the situation, tell you about possible risks and, if possible, suggest ways to solve your problem pre-trial.
Repeated appeal
If you know how to write appeals correctly, this does not guarantee that your requirements will be met. For example, the Housing Inspectorate may oblige the partnership to eliminate existing violations, but it does not have the right to work on this issue for it.
If you have received a positive decision on the problem, but have not noticed any improvements in the management of your residential building, you should write a second application to the regulatory authority. It states that there is no response from the HOA and a retrial is necessary.
Complaining about and fighting HOAs is not always an easy undertaking. Practice shows that in most cases it leads to the satisfaction of the legitimate demands of residents. You should not put up with the arbitrariness of the partnership: the law gives apartment owners many tools to protect their rights.
Complaint about the HOA to government agencies
If you decide to file a complaint against the HOA with government authorities, then, as in the previous case, make it in two copies. It is worth considering that the complaint you submit must comply with all the rules and regulations for the preparation of such documents.
A properly completed complaint must contain:
- Full name of the government authority to which it is submitted. In our case, such bodies may be the state housing inspection, the federal service for supervision of consumer rights protection and human well-being, as well as the prosecutor’s office. The complaint should indicate to which specific territorial division of one of the above bodies it is being submitted;
- All data about you, including full name, information about your place of residence and registration, as well as contact phone number;
- In the main part of the complaint, describe the essence of the current situation in as much detail as possible and clearly indicate what exactly does not suit you. In addition, please report the results of your appeal to the governing bodies of the HOA;
- Clearly state the requirements that you place on the HOA;
- Indicate what specific actions you expect from government authorities;
- A detailed list of materials that you have attached to this complaint;
- The complaint must be accompanied by your handwritten signature indicating the date on which this signature was affixed.
Sample complaint against an HOA to the Housing Inspectorate.
Sample complaint against an HOA to Rospotrebnadzor.
Sample complaint against the HOA to the Prosecutor's Office.
Sample statement of claim against an HOA in court.
When filing a complaint with government authorities, be sure to include:
- a copy of your identification document;
- a copy of the complaint that you previously sent to the management of the HOA with a note of receipt, and if you were given a response to it, a copy of this response;
- photographic and video recording materials that can confirm the legitimacy of the demands or accusations you make.
We would like to emphasize that there is no fee for filing a complaint with government authorities.
Institutions for appeal
Who can complain about the HOA if the conflict could not be resolved at the level of management of the body itself? It is necessary to contact the authorities that control its work. The choice depends on the problem faced by the landlord. There are two options:
- Rospotrebnadzor. This body is authorized to control quality. People complain to it if the owners are not satisfied with the quality of the housing and communal services provided.
- The State Housing Inspectorate monitors compliance with housing legislation. Apartment owners who are faced with an unreasonable increase in utility bills, theft of collected funds, refusal to carry out home repairs, etc. turn to it. Upon receipt of the application, the authority will order an inspection.
Information about the location of the housing inspection departments closest to you can be obtained on the Internet or from local authorities.
To contact the regulatory authority, owners must submit a written complaint. Attached is a copy of the appeal that was previously sent to the management of the HOA.
If the problem cannot be resolved at this stage, the owners have the right to file a complaint against the chairman of the HOA to the Prosecutor's Office. This body is authorized to consider all facts of violations committed by commercial and non-profit organizations. Upon receipt of the appeal, he must initiate an audit of the partnership’s activities.
Complaint about the HOA to the Housing Inspectorate
The State Housing Inspectorate is the organization whose powers include carrying out inspections and monitoring the activities of enterprises and organizations working in the housing and communal services sector.
Exercising its powers, it has the right to control:
- the quality of services provided by enterprises and organizations;
- the time frame within which housing and communal services enterprises and organizations carry out certain work in residential buildings;
- how orders to eliminate previously identified violations are implemented.
The State Housing Inspectorate operates in every major settlement. It may have structural divisions in the form of city and district departments. You can find accurate information about this by visiting the website of the administration of your locality.
After considering your complaint on the merits, the state housing inspection will conduct an inspection of the HOA. Based on the results of this inspection, if the claims set out in your complaint are confirmed, a resolution will be issued to the HOA to eliminate the identified violations, indicating a specific time frame within which they must be eliminated.
If, during the implementation of control, it is discovered that the HOA has ignored the issued order or violated the terms of its execution, then, on the basis of Article 7.22 of the Code of Administrative Offenses of the Russian Federation, an appropriate fine will be imposed on it.
Complaint about the HOA to the Housing Inspectorate.
Places for receiving complaints
There are several places to complain about the HOA:
- Housing Inspection;
- Rospotrebnadzor;
- Prosecutor's Office;
- Court.
It is recommended to go through all instances in the specified order, carefully collecting all second copies of requests and first copies of received responses. The collected documents are part of the evidence required by higher authorities. If residents file a complaint with Rospotrebnadzor without a response from the housing commission, they will waste time. They will still ask for this answer.
State Housing Inspectorate
The housing inspection, as a relevant body, is entrusted with the following functions:
- supervision of the technical condition of the house;
- inspection of equipment and communications;
- control over the quality of services provided;
- tracking the timing of work in residential buildings;
- monitoring the implementation of instructions to eliminate violations;
- checking the organization’s activities in accordance with the law.
A complaint against an HOA to the housing inspectorate can be quite effective. This body is authorized to launch a full investigation into the activities of the organization. This is the place to complain about the chairman of the HOA. All other members of the board are subordinate to him. When the chairman continues to be inactive, a complaint about the violated rights of apartment building residents can bring him to action.
Housing inspectorate branches are located throughout the Russian Federation, information about which is provided by self-government bodies.
Complaints should be filed with the Housing Inspectorate if there is an unlawful increase in tariffs or if there is a delay in carrying out routine or major repairs. The Housing Inspectorate schedules an inspection and notifies applicants about it. If violations are confirmed, the inspectorate issues an order and monitors the time frame for elimination. For failure to comply with deadlines, violators are punished under Article 7.22. KOAP. There are penalties here.
An example complaint against an HOA to the housing inspectorate is available in several versions on the Internet as a sample.
Rospotrebnadzor
Rospotrebnadzor is also not idle. A body that controls the quality of services for consumers. Services received from the management company are under the supervision of this organization. Regulated by the Law “On Protection of Consumer Rights”. Rospotrebnadzor orders an inspection based on the complaint received, and if the facts are confirmed, it takes appropriate measures.
The owner can file a complaint against the HOA with Rospotrebnadzor individually if he is denied membership on the board of the partnership.
It must indicate the reason for the refusal. Upon consideration of the complaint, Rospotrebnadzor carries out an inspection of the partnership. If shortcomings in activities are identified, there is a direct basis for appealing to the court.
Prosecutor's office
Complaints to the prosecutor's office are also filed both individually and collectively. It is necessary to provide the personal information of the applicant/s. A prosecutor is appointed who will require written refusals to resolve the owners’ problems from the HOA board. The complaint of the residents of the house to the prosecutor's office against the leaders of the HOA will be accepted with only one refusal from the board. But for a favorable outcome, it is desirable that there be several refusals. There are no special requirements for filing a complaint with the prosecutor’s office against the actions of the HOA. But there are general rules.
- The application can be submitted both in printed form and handwritten.
- The text should be easy to read.
- It is mandatory to indicate the applicant's full name and address for response.
- The full name of the prosecutor to whom the complaint is addressed is required.
- It is recommended to present information without emotion, strictly to the point.
Documents are submitted to any of the considered authorities in person, through the office or by mail with notification.
The established period for consideration of the application by the prosecutor's office is up to 30 days. But if you do not receive a response within this period, do not re-apply. Without considering the first, the second complaint will not be accepted. The prosecutor's office checks all facts of violation of the law in relation to one specific or several owners at once.
If flagrant violations are detected, the prosecutor files a lawsuit in court.
In the statement, it is appropriate to notify the management of the homeowners association that they will soon go to court if the conflict cannot be resolved calmly. Having information that the owners of the HOA have already filed a lawsuit, but have not responded, the court usually imposes a fine on the HOA board for bringing the case to court.
But if the HOA has submitted an explanation for settling disputes with the owners, then the inspection may stop.
A statement of claim to the prosecutor's office against the chairman of the HOA is filed based on collective complaints. If you complain personally, you will have to go to the arbitration court yourself.
Applications to all these authorities are accepted free of charge.
Court
The court is the highest and final authority. Having evidence in hand, nothing prevents the owner from turning to the judicial authorities on his own. This treatment is financially costly. But if you win in the process, legal costs fall on the defendant. Claims amounting to less than 50,000 rubles are considered by magistrates using a simplified procedure. The application is written individually to the magistrate at the place of registration.
Residents of apartment buildings, unite
Protecting the rights of the owners of apartment buildings, their own and their neighbors, is a direct responsibility and, provided by the Law, a real opportunity. Everyone wants to live in a clean, cozy, comfortable, renovated apartment building. And if someone wrongfully interferes with this simple human desire, gather facts, strength, be patient and go out to fight everyday injustice. It prevents most of us from living for the sake of a handful of people who were chosen by the HOA members themselves. Complaints to the competent authorities are the only effective way to be heard. Conducting endless disputes with the management of the HOA is a pointless and futile exercise.
Complaint about HOA to Rospotrebnadzor
If you believe that your rights have been infringed or violated by the HOA, you have the right to apply for their protection to the territorial bodies of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
This is possible because you, as a member of a homeowners association, in the eyes of regulatory authorities, are, first of all, a consumer of the services provided by the HOA.
In this capacity you consume the following services:
- hot and cold water supply;
- sewage disposal;
- supply of various energy resources;
- operation and repair of common property;
- maintaining local areas and common property in proper condition.
The HOA sets certain tariffs for the services provided to you. The functions of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare include monitoring the quality of services provided by HOAs and the extent to which tariffs for the services provided were legally set.
If you believe that the services provided by the HOA do not comply with established standards, or the tariffs for them are too high, you have the right to apply for protection of your rights to the territorial body of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
Many citizens, at the same time as filing a complaint against an HOA with the state housing inspectorate, send the same complaint to the territorial body of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, simply changing the name of the body to which it is addressed in the text of the complaint.
But this approach is extremely ineffective. It is much more practical not to copy the complaint, but to prepare a new one, taking into account the specifics that are inherent in the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
If violations committed by the HOA fall within the competence of this particular service, then contacting it will lead to positive results for you much faster than filing a complaint with the state housing inspectorate and other regulatory authorities.
It is worth emphasizing that exclusively the Federal Service for Supervision of Consumer Rights Protection and Human Welfare has the right to force an unscrupulous service provider, in this case, the HOA against which you filed a complaint, to return to you the money that you paid them for poor-quality services provided .
Cases of violation (for example, poor heating and others)
A homeowners' association is the governing body of an apartment building.
As a rule, it is the owners of the premises who want to establish such a form of government - after all, the same owners are at the head of the partnership, which means it is in their interests to do work for the benefit of the house.
The purpose of this organization is to satisfy the needs of owners , prevent problems, and resolve important issues on behalf of residents.
Article 49 of the Civil Code states that this organization, which is non-profit in nature, operates on the basis of a charter .
Help: the charter of a homeowners association is a set of rules on which the activities of this organization are based and all residents take part in their development.
Unfortunately, the members of the partnership do not always find a common language with the residents. Sometimes by accident, sometimes on purpose, but conflicts break out between these two parties, which can be resolved either by the parties themselves, having come to a compromise, or by a third body.
Sometimes residents of a home require disproportionate actions that the homeowners association is not obligated to comply with. But sometimes the members of the HOA themselves, as they say, “go too far.” More than once in judicial practice there have been cases of unlawful and uncontrolled expenditure of funds, concealment of information, theft, and lack of response to the most ordinary, vital requests of residents.
Here is the most common list of violations, based on judicial practice:
- Mismanagement, which manifests itself in the lack of proper care of the house and failure to provide its basic needs as specified by the charter.
- Inappropriate and unreasonable waste of homeowners' association funds. Manifests itself in theft, disproportionate spending, and inconsistent purchases.
- An unreasonable increase in house rent, which is not related to an increase in utility tariffs and wages for certain categories of workers.
- Low quality of paid services provided. It manifests itself in negligence either in relation to the expenditure of budget funds, or in the selection of personnel and funds necessary for repair work.
- Lack of response to residents' requests to troubleshoot problems.
- Not turning on the heating at the start of the heating season.
- No hot water supply.
- No cosmetic repairs.
- Lack of renovations in the building.
This list is not complete or exhaustive, so if you feel that your rights are being violated in one way or another by your homeowners association, do not rely solely on this list . You can write a complaint to the HOA.
For an example of how to write a complaint to an HOA about poor heating, see here.
Complaint against the chairman of the HOA to the Economic Crime Department
Each regulatory authority has the right to inspect the HOA solely within its competence. The State Housing Inspectorate - for the purpose of fulfilling its direct obligations, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare - for compliance of the quality of services provided with the requirements established in the standards.
But where to turn if you think that the management of the HOA is stealing material assets and funds at their disposal?
In this case, you should contact the police, specifically the department for combating economic crimes and anti-corruption.
It is this specialized police structure that investigates various types of economic crimes. To do this, she has the right to seize and analyze the accounting and financial documentation of the HOA.
The complaint you send to the Department of Economic Crimes must contain the same information as complaints filed with other government bodies. However, it should focus not on your suspicions, but on the facts that prove them. Remember that upon your application, the Department of Economic Crimes will organize an inspection of the HOA.
Therefore, when drawing up your complaint, try to avoid accusations that are not supported by significant evidence, based only on your personal emotions.
Indeed, if, as a result of the verification, the facts stated in your complaint are not confirmed, the persons whom you have accused may file a claim against you for the protection of honor and dignity, as well as accuse you of slander. In addition, law enforcement agencies may charge you with knowingly false denunciation.
The OBEP will take 10 days to complete the inspection. After it is completed, if the facts stated in your complaint are confirmed and are sufficient to bring the perpetrators to criminal liability, a criminal case will be initiated, or a refusal to initiate it will be issued if the facts are not confirmed. You will be required to notify you in writing of any decision made as a result of the inspection.
Complaint to the Prosecutor's Office against the chairman of the HOA
You will be able to contact the Prosecutor's Office with a complaint against the management of the HOA only if you have data on violations committed by them, confirmed by an inspection by the state housing inspection.
In addition, you will be able to file a complaint with the Prosecutor's Office if you have an independent expert's opinion, or it has been established that you have suffered damage as a result of actions or inactions of the HOA management.
Complaint to the Prosecutor's Office against the chairman of the HOA.
It is worth considering that the Prosecutor’s Office is not authorized to independently initiate an audit of the activities of the HOA. It has the right to react only if, as a result of an inspection carried out by any of the regulatory authorities, significant violations are revealed in the activities of the HOA. In addition, not an individual, but a collective complaint should be submitted to the Prosecutor's Office.
This is explained by the fact that the Prosecutor's Office can only support collective complaints during court proceedings, or individual complaints filed to protect an incompetent person.
Statement of claim against the chairman of the HOA
The highest authority you can turn to to protect your legal rights and interests is the court. If you have evidence that the management of the HOA has committed illegal acts that infringe on your legal rights and interests, you can file a claim directly in court, bypassing all previous instances.
Please note that it is better to entrust the drafting of a statement of claim to a professional lawyer. This will increase your chances of getting it reviewed favorably.
Protecting your interests in court will require you to make certain financial investments. However, if the court makes a positive decision for you, all your expenses will be compensated by the defendant.
Before filing a lawsuit, it is advisable to seek advice from professional lawyers who can assess your chances of a positive outcome of the case. This will help you avoid unnecessary costs associated with litigation.
If the amount of the claim you are filing does not exceed 50,000 rubles, then it should be filed in the magistrate’s court. The proceedings on this claim will be carried out in a simplified manner and will not take much time. File the claim in the magistrate’s court at your place of registration.
In the submitted statement of claim, indicate the subject of your claims and the amount at which you estimate them. Complete the application in two copies. Having attached to one of them documents confirming the legitimacy of your claims, it should be submitted to the court.
Statement of claim against the chairman of the HOA.
If you filed a complaint with the HOA and received a written refusal to satisfy it, be sure to attach copies of these documents to the statement of claim.
