HOA disputes are normal in a community. After all, residents come from all walks of life and have differing opinions. The danger is when residents let their disagreements escalate, becoming heated and aggressive. When that happens, association boards must know whether to step in and what to do.
What are HOA Disputes?
Homeowners association disputes are disagreements between parties in an HOA or condo community. These disputes can take many forms, but they are usually categorized into two broad classifications: HOA disputes and neighbor-to-neighbor disputes. The former are disputes between the HOA and the homeowner, while the latter are disputes among residents.
Disputes can have a negative impact on the association. When boards allow conflict to fester, it can breed hostility and sow distrust within the community. Residents will start to question the board more often, pushing back on decisions whenever they get the chance. Neighbor disputes, on the other hand, can destroy camaraderie and force other residents to take sides.
The Most Common HOA Disputes
When homeowners have a dispute with the HOA, they usually fall under one of the types below.
1. Rule Enforcement Violations
When owners violate the governing documents, HOA rule enforcement disputes typically arise. Common examples include unauthorized architectural changes, improper landscaping, noise complaints, and breaking parking rules.
2. Maintenance and Repair Responsibilities
These fights are usually over who is responsible for fixing issues, particularly in common areas. In a condo community, disputes over maintenance are often related to issues that affect multiple units, such as water damage or pest control.
3. Financial Disagreements
Homeowners may challenge the validity of special assessments or feel that regular HOA dues are too high. They may also disagree with how the board is spending money, often causing tension.
4. Architectural Control Conflicts
Conflicts occur when the board denies requests to change a home’s appearance, such as painting, adding a fence, or installing a shed. While a benefit of homeownership is control over architectural improvements, this ability is limited in an HOA.
5. Board Transparency and Governance
Homeowners may raise issues about how the board operates. These usually include allegations of favoritism, poor communication, failure to hold open meetings, or excessive fines.
How to Handle Internal HOA Dispute Resolution
When a dispute arises between an owner and the HOA, boards must know how to handle the situation internally. Here are the steps for proper HOA conflict resolution.
1. Communicate Clearly
Many disputes begin because homeowners feel ignored, confused, or blindsided. To address this, boards must always explain the reason behind their decisions and how they will benefit the community.
For rule violations, boards must be clear on what the issue is, how the owner can cure the violation, and when they must comply. It is best to avoid aggressive language and use a calm, professional tone instead.
2. Converse Informally
Not every issue requires a formal violation letter right away. For minor issues, the board or manager can call the homeowner, send a courtesy reminder, or speak with them in person. Sometimes, special circumstances can explain the violation. A little consideration goes a long way.
3. Enforce Rules Consistently
Selective enforcement can make disputes even worse. The board should apply the rules evenly across all residents. When residents see that enforcement is consistent, they are less likely to argue with the board.
4. Hold Hearings Professionally
In Washington DC, associations are required to provide owners with written notice and an opportunity to be heard during the enforcement process (Section 42–1903.08). Yet, disciplinary hearings should never feel like personal attacks.
At these hearings, the board should allow the homeowner to speak, listen without interrupting them, and ask relevant questions. Board members must stay calm and focus on the facts.
It is normal for board members to be tempted to argue or raise their voices, but this will only exacerbate the problem. Owners are more likely to respond with hostility if the board mocks or lectures them unnecessarily.
5. Focus on Solutions Instead of Punishment
Some boards focus too heavily on penalties. This can alienate the owner quickly and cause them to act out even more. Instead, boards should look for practical and considerate solutions, such as extending compliance deadlines, payment plans, and temporary accommodation.
6. Keep Emotions Locked
Personal conflicts between board members and owners can be very dangerous. Board members should avoid taking criticism personally, engaging in retaliatory enforcement, and engaging in emotional arguments. They should also keep things private, never airing out dirty laundry on social media or in public.
7. Offer Internal Appeals
An appeal process can give owners another chance to be heard. An internal appeal may involve a second hearing, a committee review, or a meeting with the board.
8. Document Everything
Proper documentation can protect both the association and the homeowner. Associations must maintain violation notices, meeting minutes, owner responses, inspection reports, payment records, emails, and photos. Clear records can help prevent further disputes about what happened or what was said.
9. Educate Homeowners
Disputes are often the result of misunderstandings or a misinterpretation of the rules. When owners understand the rules and why they exist, they are more keen to follow them.
Boards should take the time to educate residents. Various communication tools are available, including newsletters, welcome packets, and owner portals. Even simple reminders at meetings can help.
10. Consult a Legal Professional
Some disputes become too serious for informal resolution alone. The board should involve the HOA attorney when necessary. Examples of such situations include threatened litigation, discrimination claims, fair housing issues, and harassment allegations.
Typical HOA Disputes Between Neighbors
Neighbor disputes are common even outside of an HOA community. Disagreements usually involve:
- Noise complaints
- Parking problems
- Pet-related issues
- Landscaping or property appearance disputes
- Fence and boundary issues
- Smoking and odor complaints
- Trash issues
- Shared amenity conflicts
- Harassment
- Personal conflicts
Should the HOA Intervene in Neighbor Disputes?
Boards often wonder about HOA responsibility for neighbor disputes. Associations should not automatically intervene in every dispute between residents. In general, the board’s role depends on whether the issue involves the governing documents, common areas, safety concerns, or legal obligations.
Some disputes fall within the HOA’s authority, but others remain private matters between neighbors. An association should usually step in when the dispute involves one or more of the following:
- Violations of governing documents
- Common area misuse
- Nuisance violations
- Safety concerns
- Property damage affecting the community
- Repeated rule violations
- Harassment involving association operations
- Conduct affecting multiple residents
That said, associations should avoid intervening when the issue falls outside of the HOA’s authority. This usually includes personal conflicts, political disagreements, family disputes, social media drama, or minor arguments. Getting involved can lead to accusations of overreach.
How to Handle Disputes Without a Lawyer
If a neighbor dispute warrants HOA involvement, here are the steps boards can take without getting a lawyer.
1. Investigate the Issue
First, board members should look into the matter thoroughly. It is unwise to take sides immediately (or at all), as that will only breed contempt.
Before intervening, the board should gather facts, review evidence, and speak with the involved parties. Check the governing documents to see if a violation exists. Proper documentation is equally important.
2. Encourage Direct Communication
For minor disputes, the board can encourage neighbors to communicate with one another first. If this resolves the issue, then no further action is necessary. This usually happens when the issue involves noise complaints, parking problems, or pet-related concerns.
3. Enforce Rules Consistently
If direct communication fails to de-escalate the situation, formal enforcement will need to begin. Boards should always enforce the rules fairly and consistently, adhering to due process and requirements.
Fulfilling the Board’s Role
Handling HOA disputes is a key part of the board’s responsibilities. To address them properly, boards must investigate thoroughly, enforce rules consistently, and keep emotions out of decisions. Of course, for serious cases, it is best to involve a professional.
TNWLC offers HOA management services to communities in Washington, DC. Call us today at (202) 483-8282 or contact us online to get started!
RELATED ARTICLES:
- Top Tips On De-Escalating Conflict In HOA Meetings
- HOA Invasion Of Privacy: What HOA Privacy Laws Allow
- HOA Cameras: Protecting The Board From Liabilities
