Writing a complaint against the head of the condominium association: legal assistance to protect your rights

Managing an apartment building often involves conflicts between residents and the management of the apartment building co-owners' association. Most often, the subject of dispute is the actions or inaction of the chair of the co-owners' association board. Non-transparent use of funds, violations of legislation or the charter, improper performance of duties — all of this can be grounds for residents to file a complaint against the actions of the head of the condominium association.

However, it is important to understand that the effectiveness of a complaint directly depends on its correct drafting and legal argumentation. It can be difficult to prepare the document on your own, as you need not only to know where to complain about the actions of the head of the condominium association, but also to have experience in forming a legal position, referring to the norms of legislation and properly preparing evidence. That is why the help of a lawyer in such matters is crucial.

Why is it necessary to write a complaint against the head of the condominium association?

The head of the condominium association has a wide range of powers: from managing the building's funds to making decisions on the repair and maintenance of common property. However, this also increases the risk of abuse. Common grounds for filing a complaint include:

• misuse of co-owners' funds;
• non-transparent financial record keeping;
• violation of the HOA charter;
• making decisions without proper voting;
• ignoring the legitimate demands of co-owners;
• improper organisation of building maintenance.

In such cases, residents face the problem of how to check the HOA chairperson and prove their wrongdoing. A professional lawyer will help gather evidence, analyse the situation and draft a legally valid complaint.

Where to complain about the actions of the head of the condominium association?

Many residents do not know which authority to turn to in order to protect their rights. Depending on the nature of the violations, a complaint may be filed:

• to the general meeting of co-owners of the condominium association;
• to the board of the condominium association;
• to the local council or executive committee;
• to the State Housing and Utilities Inspectorate;
• to the court in case of serious violations.

A properly prepared complaint must contain facts, references to legislation, evidence, and clearly formulated demands. Only then will it be effective.

Legal grounds for appealing against the actions of the head of the condominium association

When writing a complaint, the lawyer refers to a number of regulatory and legal acts:

• The Law of Ukraine ‘On Associations of Co-owners of Multi-apartment Buildings’;
• The Civil Code of Ukraine;
• The Law ‘On the Specifics of Exercising Property Rights in Multi-apartment Buildings’;
• The charter of a specific condominium association.

A comprehensive legal analysis allows you to argue the residents' claims and ensure their protection within the legal framework.

Why should you hire a lawyer to write a complaint?

Independent attempts to prepare a document often end up with the authorities refusing to consider it due to incorrect form or lack of legal grounds. A lawyer guarantees:

• correct formulation of claims;
• references to specific provisions of the law;
• competent presentation of evidence;
• compliance with procedural deadlines;
• real protection of the rights of co-owners.

By requesting this service, you will receive a document that will have legal weight and can actually influence the actions of the head of the condominium association.