ByHow to Handle California HOA Financial Elder Abuse
The idea of elder abuse can be overwhelming and frightening. Yet, whether you are a senior or have a senior loved one living in a common-interest community with a homeowners association, you may have experienced or witnessed elder abuse without even realizing it at first. If you are interested in seeking out help because you are experiencing , this DoNotPay guide is for you.
What Is Elder Abuse?
There are many types of elder abuse, including physical, neglect, abandonment, and more. However, the two types of elder abuse that are most likely to occur in a homeowners association with an elderly resident homeowner in conjunction with are exploitation and emotional abuse.
| Exploitation | When one party or entity illegally takes, misuses, or conceals funds, property, or assets of a senior for their or another's benefit, it is exploitation. The exploitation could be in the form of financial schemes by the Homeowners Association or an individual board member. |
| Emotional Abuse | Emotional or psychological abuse of a senior is caused when someone intentionally inflicts mental anguish, pain, or distress. Emotional abuse can occur through verbal or non-verbal actions, including humiliation, intimidation, or threats. Emotional abuse could happen independently of, or along with, exploitation and financial abuse. |
California HOA Laws and Regulations
There are a variety of Federal and California State laws that govern Homeowners Associations.
Federal laws that homeowners should be familiar with include:
- Americans with Disabilities Act of 1990
- Fair Housing Act
- Fair Debt Collection Practices Act
- Freedom to Display the American Flag Act
- Over-the-Air Reception Devices Rule
- United States Bankruptcy Code
- The Servicemembers Civil Relief Act
On the state level:
- California's Davis-Stirling Act governs HOAs within the state
- California Corporations Code (§7140) governs an association's corporate structure and procedures, including non-profit corporations
How to File a Complaint Against an HOA in California
There are a few things you can do if you wish to file a complaint against your HOA.
- Go through the Homeowners Association. Read through the CC&R and ensure that you have followed the proper procedure for handling disputes and complaints. You may need to escalate the situation if your complaint is not handled correctly.
- Office of the Attorney General. The attorney general's office has some discretionary authority to intervene for homeowners who are denied certain rights under the California Corporations Code. If you believe elder abuse has occurred in conjunction with any of the violations listed in the table in the attorney general's office, you can file a complaint with one of them.
- File a police report. You could report criminal activities, including fraud, theft, or embezzlement, committed by the HOA board or individual members to the local police or sheriff's department.
- Contact a local lawyer. You can search for a licensed attorney through the State Bar of California Certified Lawyer Referral Services Directory. An attorney experienced with fighting HOAs or a would be an excellent place to start.
Get HOA Assistance With the Help of DoNotPay
Do you have an immediate concern that needs to be addressed with your HOA? If you suspect financial abuse or other elder abuse but have not addressed the problem, you can start right now with DoNotPay. We can help you File an HOA complaint by drafting a professional letter on your behalf.
How to file a complaint with your HOA using DoNotPay:
- Choose and describe the nature of your complaint (neighbors, maintenance, etc).
- Explain how this problem has negatively affected you and how you want the HOA to address the problem.
- Tell us how long you've been a member of this HOA.
- Confirm your home address so we can generate demand letters on your behalf!
That's all you have to do! DoNotPay will then generate a complaint letter with a two-week deadline for the HOA board to resolve the issue or contact you with more information. After that, you just need to turn the letter into the appropriate person.
DoNotPay Works Across All Platforms
DoNotPay can work with you to solve various problems across different companies and platforms. We can help with many HOA issues, including:
If you need help fighting unfair fees or fines from your HOA, DoNotPay can also help you appeal them. Just use the "Appeal an HOA Fine" product, and DoNotPay will mail a demand letter for you. DoNotPay can also help you escalate the issue to small claims court with our "Send Demand Letters To Now" product if necessary.
More Ways That DoNotPay Can Help You Today
In addition to helping you file HOA complaints or fight illegal fines, we are prepared to help you solve a variety of other problems, including but not limited to
- Suing in Small Claims Court
- Thorough Sex Offender Search
- Filing Neighbor Complaints
- Filing Insurance Claims
- Getting Help with Bills
- Filing a Complaint
- Stalking and Harassment
- and so much more!
DoNotPay works hard to provide you with simple and successful solutions that save you time, money, and headaches!