One of the duties of association board members is to resolve conflicts in an HOA. When left unresolved, conflicts can quickly pose negative effects on the community. Residents will start to feel uncomfortable, and trust will erode over time. Resolving conflicts, though, isn’t always easy.
Why Boards Should Resolve Conflicts in an HOA
Homeowners associations are home to a diverse group of people. Residents are bound to clash with people from different backgrounds and all walks of life. It is completely normal to have disagreements, but the board should ensure they don’t spiral out of control.
Resolving conflict in an HOA is essential to maintaining harmony within the community. When board members don’t agree with homeowners, it can create a tense environment for everyone. Residents won’t feel comfortable in their own neighborhood, and trust will deteriorate.
Additionally, when neighbors fight against each other, things can quickly escalate. Other residents may feel unsafe, especially when the fight involves a particularly volatile or aggressive member. Tensions can boil over, leading to an explosion of emotions and hostility.
Conflict resolution, therefore, remains critical to keeping the peace. It also helps minimize litigation, whether it’s between board members and homeowners or neighbors. Litigation can be expensive and time-consuming, so avoiding it at all costs works in everyone’s favor.
Common Conflicts in an HOA Community
In a homeowners association, conflicts can arise over virtually anything. However, some topics spark more disputes than others. When it comes to conflicts between the board and the homeowners, these three take the top spots:
- Dues. Homeowners must pay regular dues to the association. Sometimes, though, homeowners will stop paying their dues and even rack up quite a debt. When board members attempt to collect these unpaid dues, homeowners may fight back and refuse to pay. In addition to this, homeowners may disagree with the board’s decision to raise monthly dues.
- Special Assessments. Special assessments are sometimes necessary to fund unanticipated expenses or make up for a budget shortfall. Since they are not part of regular assessments, many homeowners dislike them because they are caught by surprise. Plus, they tend to be sizable.
- Rules. Associations typically have rules that govern homeowners in many aspects, including what they can and can’t do to their homes. When homeowners disagree with the rules or don’t believe they have violated them, conflict can arise between them and the board.
It is important to note that conflicts are not exclusive between the board and the homeowners. Homeowners can also have disputes among themselves. Neighbor-to-neighbor disputes are rather common, often stemming from the following issues:
- Parking
- Noise
- Pets
- Landscaping
- Trash
- Property boundaries
Should the HOA Board Resolve Neighbor-to-Neighbor Disputes?
Disputes can transpire between neighbors, but that does not mean the board should always step in. Not all neighbor-to-neighbor conflicts call for board intervention. Resolving minor disputes, for instance, would waste the board’s time and the association’s resources.
Neighbors can fight over the smallest of things. Often, these types of disputes resolve themselves without board intervention. Homeowners will usually talk it out and come to a compromise all on their own.
If the board deems that intervention is necessary, proper steps should follow. As such, all board members should know how to resolve conflict between neighbors in an HOA.
A good way to gauge whether or not the board should intervene is if the dispute involves the association. For example, if neighbors fight about noise and the HOA has a rule against noise at certain times of the day, the board can step in because it violates the rules.
The HOA board should also consider intervening in major disputes. These disputes may jeopardize the association’s peace and reputation as a whole and can also affect the health and safety of other residents.
Furthermore, the HOA board should consider establishing a request system. With this system in place, residents can ask the board for help with conflict resolution. Of course, the board should still evaluate each conflict case-to-case basis. Many variables may be involved, so the board should exercise its discretion.
How to Resolve Conflicts in an HOA
Board members must understand how to approach and deal with conflicts in the community. Unfortunately, unless they are trained in conflict resolution, most board members don’t know the procedure at all.
Here is how to resolve conflicts in an HOA.
1. Understand the Rules
First and foremost, the HOA board must know the association rules like the back of their hands. This way, they can determine whether or not the dispute involves a violation of the rules. They can also quickly identify gaps and decide if board intervention is necessary.
2. Comply With the Law
In some states, associations must adhere to laws when resolving disputes internally. California, for instance, outlines the requirements under Civil Code Section 5910. According to this law, either party may invoke a request for internal dispute resolution in writing. The HOA must also act within a maximum amount of time.
3. Remain Professional and Neutral
Board members must remain professional and neutral at all times. They should not take sides; instead, they should listen to all parties involved and attempt to reach a mutual agreement. Board members should never use biased judgment or let their emotions get in the way of the process.
4. Document Everything
Documentation is crucial when resolving disputes internally. The board should appoint someone to document the entire process, from the request to the resolution. Everything should be in writing, including any minutes of the meeting. This way, the HOA can leave a paper trail and refer back to the documents when necessary. Documentation also comes in handy should litigation occur.
5. Communicate Clearly
Communication is a primary component of successful conflict resolution. Everyone, including board members, should exercise open and clear communication. Board members should express what they mean simply and concisely. This helps prevent miscommunication brought on by flowery language or jargon.
The same principle applies to written communication. Notices and letters should use simple and clear language that everybody can understand. A community manager must also communicate effectively, as it is part of their job, especially if they participate in the conflict resolution process.
6. Focus on Facts
Dispute resolution should only focus on facts. When parties argue their case, they should list factual information and references. While expressing their feelings and exercising empathy is generally okay, it is best to leave emotions at the door. Approaching the process with a clear mind and a calm demeanor will help everyone reach a satisfying resolution.
Considering Alternative Dispute Resolution
A homeowners association should have an internal HOA conflict resolution process in place. However, some disputes require professional assistance. If the HOA board fails to resolve the dispute internally or lacks the time, resources, or expertise, consider employing alternative dispute resolution (ADR).
Mediation
Mediation is a form of alternative dispute resolution that enlists the services of a mediator. The mediator is a neutral third party who helps the disputing parties reach an agreement. The main objective of mediation is to come to a resolution that both parties find satisfactory. However, mediation cannot force the parties to agree to the resolution.
Arbitration
Arbitration is another form of ADR that can help resolve conflicts in an HOA. It enlists the services of an arbitrator, a neutral third party. Unlike in mediation, arbitration does not involve an attempt to reach a mutual settlement. Instead, the arbitrator decides the outcome of the conflict after hearing both sides. The parties must then agree to abide by the arbitrator’s decision.
Advice for Homeowners: Don’t Stop Paying HOA Dues
Homeowners may disagree with the board’s decisions, leading to conflict. However, it is unwise to retaliate by withholding dues payments. While homeowners might feel this is a good way to resolve the disagreement, it will only hurt them in the long run.
Regardless of the conflict, homeowners should still continue to pay their regular fees. If they default on their payments, the HOA can take action against them. This includes charging interest and late fees, suspending privileges temporarily, placing a lien on their home, and even initiating foreclosure proceedings. In other words, homeowners will lose their homes if they stop paying dues.
All Things Said and Done
Disagreements and disputes are all part of community living. Fortunately, it is not impossible to resolve conflicts in an HOA. Board members must understand the process and practice their hand at resolving disputes. In doing so, they can maintain a happy and harmonious community for everyone.
Personalized Property Management offers HOA management services, including conflict resolution assistance, in Southern California. Call us at 760-325-9500 or email us at info@ppminternet.com for more information!
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