While proponents of HOAs often point to survey data showing high satisfaction among residents, these claims, if accurate, mask significant structural and psychological barriers that deter homeowner complaints or candid assessments of governance. The apparent lack of formal dissent is not reliable evidence of true consent or systemic legitimacy. Rather, it reflects the confluence of disengagement, fear of retaliation, informational deficits, and methodological bias in data collection.
Low Complaint Rates ≠ Institutional Health
Formal homeowner complaints to state regulatory agencies remain extremely rare—fewer than 1% of owners annually file formal grievances in most jurisdictions. In Nevada, for example, the Real Estate Division investigates only a few hundred cases each year despite overseeing more than 3,000 associations and hundreds of thousands of HOA-governed homes.[1]
But such low complaint rates are a poor proxy for systemic health. Multiple barriers suppress formal reporting:
Limited awareness of statutory rights or available oversight bodies;
Complex complaint processes, often requiring legal framing and documentation;
Lack of meaningful remedies, particularly when disputes involve conduct permitted by CC&Rs but perceived as unfair;
And the very real fear of retaliation, especially in close-knit or small communities.
Meanwhile, industry-sponsored surveys—particularly those commissioned by the Community Associations Institute (CAI)—routinely report satisfaction rates exceeding 80%.[2] However, these surveys have drawn criticism for methodological flaws, such as self-selected sampling and a failure to distinguish satisfaction with neighborhood aesthetics from satisfaction with governance processes or legal fairness.[3]
A more independent and nationally representative perspective was published in 2024 by Jessica Edmondson for Rocket Mortgage, offering a contrasting view:
Only 47% of HOA residents believed their neighborhood was better because of the HOA;
57% expressed overall dislike for having an HOA;
Only 64% trusted their HOA’s financial transparency;
Only 28% of homeowners feel involved in financial decision-making in their HOA
40% of homeowners and 19% of board members feel their HOA board is incompetent
And 1 in 10 residents reported they were actively considering selling their home due to dissatisfaction with the HOA.[4]
These results suggest that formal complaint rates and industry-sponsored surveys may significantly understate the extent of discontent. Rather than indicating consensus or approval, the data more plausibly reflect suppressed dissatisfaction, low civic engagement, and limited access to fair dispute resolution. Note- Nevada owner survey data did not appear to have been included. I am attempting to contact the author for clarification.
Chilling Effects: Fear of Retaliation and Social Friction
Studies and testimonies reveal homeowners frequently avoid speaking out due to fear of retaliation or ostracism:
In Florida, a 2013 legislative task force reported that owners often feared fines, liens, or social marginalization for challenging board authority.[5]
In California, the Davis-Stirling Act requires internal dispute resolution procedures, but homeowner advocates continue to report underutilization due to perceived futility or fear of retaliation.[6]
Public hearings before the Nevada CIC Commission and in Arizona’s HOA dispute system have documented similar fears among owners, particularly those in small or socially cohesive communities.
Survey Bias and the Illusion of Consent
Industry-funded surveys, such as those commissioned by the Community Associations Institute (CAI) and conducted by Zogby International or ICF, routinely report homeowner satisfaction rates above 80%.[7] However, these results must be treated with caution:
Respondents are self-selected, often skewing older, wealthier, and more civically engaged;
Questions are often framed to elicit general satisfaction with community life, not governance fairness or legal protections;
Surveys rarely disaggregate data by race, income, education level, or prior dispute experience;
Surveys fail to capture the views of renters, non-English speakers, or owners unaware of their HOA’s structure.
Academic observers have long criticized these methods. As Professor Evan McKenzie notes:
“CAI surveys measure how people feel about their homes and neighborhoods—not how they feel about being governed by private organizations with the power to fine, sue, and foreclose on them.”[8]
Disengagement is Not Approval
Nationally, HOA election participation rates are notoriously low—often below 10–15%, even in contested elections.[9] Most owners do not attend meetings, submit ballots, or serve on committees. While this may reflect indifference, it more likely reveals a sense of powerlessness or lack of perceived efficacy. The procedural hurdles to initiating recall votes, amending governing documents, or challenging board actions further reinforce this disengagement.
As Professors Franzese and Siegel argue:
“Silence should not be mistaken for assent when the opportunity for meaningful participation is constrained by structural design.”]10]
So you tell me, is HOA dissatisfaction underreported? Based on my experience and years talking to HOA owners, my response is a resounding yes.
Mike Kosor
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1. Nevada Legislature, Performance Audit: Real Estate Division (LA20-17), Legislative Counsel Bureau, 2020, https://www.leg.state.nv.us/Division/Audit/Full/BE2020/LA20-17_Real_Estate_Division_Report.pdf
2. ICF International, 2022 National Survey of Community Association Residents, for the Foundation for Community Association Research.
3. Evan McKenzie, Beyond Privatopia: Rethinking Residential Private Government (Georgetown University Press, 2011), 98–101.
4. Jessica Edmondson, “Assessing the Association: Homeowners Weigh In on the HOA,” Rocket Mortgage, March 4, 2024. https://www.rocketmortgage.com/learn/assessing-the-association
5. Florida HOA Task Force, Final Report and Recommendations, Department of Business and Professional Regulation, 2013.
6. California Senate Judiciary Committee, Hearing on HOA Governance Reform, Legislative Briefing, 2019.
7. ICF International, 2022 National Survey of Community Association Residents, for the Foundation for Community Association Research.
8. Evan McKenzie, Beyond Privatopia: Rethinking Residential Private Government (Georgetown University Press, 2011), pp. 98–101.
9. Paula Franzese & Steven Siegel, “Promoting Civility in Governance,” Seton Hall Law Review 49 (2020): 689–720.
10. Ibid.
