An HOA not responding to questions, requests, or complaints exposes itself to issues with communication, trust, and legal compliance. Association boards must understand their role in keeping residents informed and complying with transparency laws.
What are the Negative Effects of an HOA Not Responding?
An unresponsive HOA frustrates homeowners, erodes trust in the board, exacerbates minor problems, complicates communication, and increases legal risks.
In HOAs and condominiums, the board is responsible for communicating with residents. When the HOA fails to respond, or even just responds too late, it can create problems for the community.
1. Frustrates Homeowners
When the board is unresponsive, or even merely appears to be, owners may conclude the association is poorly managed. This can increase owner frustration and lead to more complaints.
2. Weakens Trust and Confidence
Silence can make residents assume that the board is ignoring their concerns. This, in turn, damages the owners’ trust in the board and confidence in future decisions.
3. Turns Minor Concerns Into Major Problems
An HOA that doesn’t respond to complaints can cause small issues to escalate. For example, a unit owner’s unresolved plumbing concern may snowball into a major leak or water damage.
4. Makes Communication Harder Later
Establishing a pattern of silence diminishes credibility. In the future, residents may feel apprehensive in following a board decision or believing in the board’s word.
5. Increases Legal Exposure
An HOA’s failure to respond to a request can lead to liability. Some requests have statutory response periods. In Illinois, for instance, if the board fails to answer an owner’s records request, it is considered a denial.
How Long Does an HOA Have to Respond?
Currently, Illinois law does not establish a standard period for responding to every type of owner communication. The deadline ultimately depends on the type of request.
For records requests, an HOA must respond within 30 days of a written request (ILCS 160/1-30). Similarly, condo associations must make certain records available within 10 business days after receiving a written request (765 ILCS 605/19). For both associations, an HOA’s failure to respond is deemed a denial.
The 10-business-day window also applies to resale disclosures in condominiums. As with records inspections, owners must submit a written request.
Illinois law does not require HOAs and condos to respond to general inquiries or concerns within a specific number of days. The association’s governing documents may shed more light on the subject.
Why do HOAs Take so Long to Respond?
There are several reasons an HOA may not respond quickly, including limited time for self-managed boards, matters requiring a board decision, the need for professional advice, coordination with a management company, confidential information, complex requests, or simple disorganization.
Let’s discuss each one below.
1. It’s a Self-Managed Board
Generally, HOA boards consist of volunteer homeowners. These volunteers often have full-time jobs or personal obligations to juggle alongside board duties. Limited free time may cause delayed responses.
2. A Board Decision is Necessary
Sometimes, the board must discuss and decide on the owner’s concern, extending the response time. Even with a manager, most decisions require board approval.
3. The Board Needs Professional Advice
If a request or complaint requires professional scrutiny, the board’s response will naturally be delayed. Associations often defer to lawyers, accountants, engineers, or HOA managers for specialized matters.
4. The Management Company is Handling It
Many HOA boards delegate concerns to a professional management company or vendor. That said, the process of communicating the request and other information may move slowly.
5. Confidential Information is Involved
Sometimes, an owner’s request involves sensitive, private, or confidential information. The board must take time to determine what it may legally disclose without repercussions. Redactions may also be necessary, which can prolong the response timeframe.
6. The Request is Complicated
Not all questions or requests are straightforward. If it involves more complex processes, the board may need to conduct substantial research before returning a response.
7. Disorganized Communication Process
Oftentimes, simple disorganization is to blame. Without a clear system, owner concerns and requests can easily slip through the cracks.
How to Improve HOA Communication
An immediate response is not always necessary, but certain practices help keep communication lines open and residents satisfied. Here are the ways to improve practices and prevent complaints about an HOA not responding.
1. Establish a Standard Response Window
Routine questions or concerns must have a standard response timeframe. On the other hand, boards must prioritize statutory requests and ensure compliance with legal deadlines.
2. Acknowledge With a Reply
Delays are understandable, but ignoring an owner altogether is different. To ensure owners feel heard, boards must acknowledge complaints or requests promptly. They can also inform owners that a response will take time depending on the nature of the concern.
3. Use One Communication Channel
While relying on multiple channels helps distribute information more efficiently, requests don’t necessarily follow the same principle. Instead, direct owners to a single platform, such as an owner portal or a dedicated email address, for requests. This eliminates redundancies and makes it easier to track concerns.
4. Create a Maintenance or Emergency Request System
Associations must establish a standard system for maintenance or emergency requests. Each request must then be assigned to a specific person, such as a board member or manager. To improve ticket closing rates, track open requests and deadlines religiously.
5. Craft Templates for FAQs
Associations can shorten response times by creating canned replies for common questions. It also helps to include an FAQs section on the community website.
6. Train Board Members and Management Staff
Board members and management personnel must undergo proper training on statutory deadlines, community rules, and industry practices. This allows for more confident and accurate answers.
7. Document Communications
Associations must always keep written records of all communications and decisions. These documents help clarify misunderstandings, inform future decisions, and resolve legal issues.
What Do I Do If My HOA is Not Responding?
If an HOA isn’t responding, homeowners may follow up in writing, clarify response times, emphasize legal deadlines, raise the issue at a board meeting, and hold the association accountable.
While board removal or legal action are possible recourses, they are considered drastic measures. Before escalating to these methods, owners must explore other options.
First, owners must understand the board’s situation. If the board is self-managed, time is likely scarce. Reasonable delays warrant compassion, but total disregard may warrant further action.
If an HOA is not responding to emails, a written follow-up may be required. This follow-up should clearly describe the original request, when it was submitted, and the statutory deadline for compliance (if any). It also helps to ask for confirmation that the board received the request.
If a board meeting is coming up, owners may raise their concerns or requests during the open comment period. Owners must also keep copies of all correspondence, as these may prove useful if the situation escalates.
A Clear Solution
Owners may forgive an HOA not responding to one or two complaints, but a pattern of neglect signals poor management. Self-managed boards can improve communication by hiring a professional management company.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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- Addressing HOA Complaints And Common HOA Violations
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- How To Make Homeowners And Condominium Association Records Requests
