One topic of discussion at the seminar was addressing legal fees incurred by associations as a result of the actions (or inactions) of unit owners. The presentation focused on the financial challenges this presents for community associations when the claims asserted against the association (or its agents) are without merit. We heard stories of unit […]
Navigating HOA Elections and Board Disputes in Denver: A Legal Guide (CO)
Homeowners’ associations (HOAs) play a vital role in maintaining property values and community standards in Denver. However, HOA elections and board disputes can become contentious, leaving homeowners and board members confused about their rights and obligations. Understanding Colorado HOA laws can help residents navigate these situations effectively. Read the article…………………………….
Controlling the Outcome of Community Disputes: Why Alternative Dispute Resolution Ultimately Helps Associations (CO)
As someone who has litigated community association legal disputes for many years, and now mediates those conflicts, I have a strong bias in favor of alternative dispute resolution (ADR) for these cases. As to why, disputes over property rights, property values, and people’s homes tend to be among the most emotionally charged cases I have […]
It’s Scurrilous, Offensive and Untrue – But Is It Libel? (MA)
“Sticks and stones will break my bones, but words will never harm me.” We’ve all heard that adage and condominium board members may have more reason than most to repeat it. Boards can’t please everyone all the time and there are times when they can’t seem to please anyone ever. There’s nothing new about that. […]
HOA Board Conflict Resolution
As a member of your HOA’s Board of Directors, you’re accustomed to listening to homeowners’ concerns, disputes, and complaints and resolving these issues to the best of your abilities. But what happens when your fellow Board members have an argument? What should you do if a dispute between board members gets in the way of […]
Controlling the Outcome of Community Disputes: Why Alternative Dispute Resolution Ultimately Helps Associations (CO)
As someone who has litigated community association legal disputes for many years, and now mediates those conflicts, I have a strong bias in favor of alternative dispute resolution (ADR) for these cases. As to why, disputes over property rights, property values, and people’s homes tend to be among the most emotionally charged cases I have […]
Dealing with an annoying HOA? Here’s what to consider before suing your association in SC
If your HOA is creating problems for you, such as being sticklers for the rules or charging high fees, it may seem like a good idea to sue. But filing a lawsuit against an HOA can bring more problems than it’s often worth, lawyer Tom Winslow said. Often people sue HOAs to get an injunction […]
Condo Association At Boca Pointe Sues Couple For Screaming, Slamming Doors (FL)
If the claims filed by Imperial Royale at Boca Pointe are true, Murray and Margalit Feit are not the sort of neighbors you want to be living near. The Imperial Royale At Boca Pointe Condominium Association is suing the Feits, claiming their behavior and actions are not only violating condominium rules, but affecting the way […]
Handling Neighborly Disputes
In Manhattan co-ops, resolving disputes between neighbors can be a delicate process. A recent New York Times article tackled this issue, highlighting a situation where one shareholder’s HVAC installation was causing problems for another. I was honored to contribute my perspective on how to navigate these challenges effectively and amicably. Read the article…………………………….
Community Association Spurns Attempt to Hold Association Liable for Violent Neighbor Dispute (CA)
Div. Three of the Fourth District Court of Appeal has held that summary judgment was properly granted to a homeowners’ association and real estate management company that the court said were “dragged into litigation that should have remained between two sets of homeowners,” finding that the defendants owed no duty of care to prevent a […]
Lawyers Share 10 Things They Wish Everyone Knew About HOAs
Conventional wisdom tells us that buying a home and creating equity is one of the best ways you can build wealth. However, the type of property you purchase can really make a difference in your ability to succeed in those goals, especially if that property is located in a homeowners association (HOA). HOAs can seem […]
Would Having An Ombudsperson Help Homeowners In Legal Disputes With HOAs? (GA)
Every semester, I ask our national and state representatives if my students and I can research a relatively nonpartisan topic to hone their research methods skills. When GOP State Senator Matt Brass told me about his State Senate Subcommittee on Homeowners Associations, I jumped at the chance. Though my students already had assigned topics for […]
Possible agreement met in lawsuit over Prescott Preserve in Palm Springs (CA)
After eight hours of mediation, Oswit Land Trust founder Jane Garrison reports an ‘agreement in principle’ has been reached between the Trust and and Mesquite Country Club Homeowners Association. The parties to the lawsuit had spent two years in litigation – with Oswit Land Trust envisioning a 180-acre wildlife sanctuary called Prescott Preserve, and Mesquite […]
What Is the Difference Between Mediation and Arbitration? (FL)
Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court. The two types of alternative dispute resolution recognized by the Condominium Act and the Homeowners’ Association Act are […]
Biff: Quick Responses to High Conflict People, Their Personal Attacks, Hostile Email and Social Media Meltdowns
[NOTE: we do not get any commission or kickback from this] We live in an age of rapid change and instant communication. We also live in a Culture of Blame and Disrespect, creating a need to manage our responses to high conflict people (HCPs). A BIFF Response® can be applied in any communication anywhere: in […]
What is the Difference between Mediation and Arbitration?
Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court. The two types of alternative dispute resolution recognized by the Condominium Act and the Homeowners’ Association Act are […]
The Value of Professional Intermediaries: Don’t Turn HOA Issues into Safety Issues
Homeowners association (HOA) disputes or enforcement should not require personal, face-to-face, confrontation with members. A recent tragedy in Florida underscores the risk of confrontations in the HOA context. It is alleged that on December 3, 2022, 75-year-old Hugh Hootman shot and killed his HOA president and her husband, Ginger and Henry Wallace, who were both […]
HOA Dispute Resolution Like a Pro: Essential Tips for Board Members
HOA dispute resolution is a critical skill for board members to master. It plays a vital role in maintaining harmony within homeowners associations. Effective conflict management helps preserve property values, fosters a sense of community, and ensures smooth operations. Board members who excel at resolving disputes can prevent small issues from escalating into costly legal […]
Understanding the Concept of Homeowners Association Dispute
Living in a community governed by a Homeowners Association (HOA) offers numerous benefits, from maintaining common areas to ensuring property values remain high. However, disputes within HOAs are not uncommon. Whether it’s disagreements between neighbors, conflicts with the HOA board, or issues regarding rule enforcement, disputes can disrupt the harmony of a community and lead […]
How to Prevent Confrontation in Community Associations
Last year, there was a disturbing trend of confrontation – some of which even became violent between condominium owners or homeowners, and their association board members. From our own back yard to across the globe, there were several instances of multi-family housing residents whose disputes were bad enough to make the news. Read the […]
What happens when your HOA goes rogue? There’s a new solution in Prince George’s County (MD)
What happens when your homeowners association ignores its own rules? In Prince George’s County, the answer is: Nothing. You can try to take it to court and watch the fees you pay get used against you while you also pay for your own lawyer; but beyond that, residents have had no recourse, until now. In […]
How to Handle Disputes Between Homeowners and HOA Boards
Homeowners Associations (HOAs) play a crucial role in maintaining community standards and property values. However, disputes between homeowners and HOA boards are not uncommon. Understanding the dispute resolution process can empower both homeowners and boards to reach amicable solutions while avoiding costly litigation. Read the article…………………………….
How to Handle Community Conflict During HOA Meetings
Some communities inevitably have a bully who attends board meetings to push their agenda, belittle other members’ proposals, or even make others uncomfortable with their aggressive behavior. Sometimes, it may be a homeowner; other times, it may be a fellow board member. So, what can you do to peacefully and proactively handle the neighborhood bully […]
9 Common Legal Actions Against HOAs and What to Do
As with any other organization, homeowners associations are vulnerable to legal action. More often than not, the community members challenge the association. HOAs must familiarize themselves with the most common homeowners association lawsuits to better prepare for any possibilities. Most HOAs have faced some form of legal action from homeowners or vendors. While some lawsuits […]
Can I sue my HOA? (FL)
If you are unhappy with your homeowners’ association (HOA), you may wonder if you can take legal action against them. The answer is yes, you can sue your HOA under certain circumstances. In this blog, we explore common reasons for suing an HOA and what you need to know before taking this step. Read the […]
Handling Unhappy Homeowners
While there are many rewarding parts of being on an HOA board, one difficult aspect of the job is handling unhappy homeowners. Some people are always dissatisfied with those who have authority over them, but others might be legitimately upset or have something to say that you can hear and empathize with. Here’s how to […]
How to Handle HOA Disputes and Conflicts Among Residents
Homeowners Associations (HOAs) play a significant role in many communities, shaping the living experience for residents and ensuring the overall well-being of the neighborhood. While some individuals may have reservations about the rules and regulations imposed by HOAs, it is essential to recognize the numerous benefits they offer. Read the article…………………………….
What does a mediator do during a HOA dispute? (FL)
Whether you’re a homeowner feeling unheard or a board member striving to maintain harmony, the tension in a Homeowners Association (HOA) dispute can take a toll on everyone involved. This is where a certified mediator steps in. Mediators help people involved in civil disputes find a solution without going to court. They guide disagreeing parties […]
Why are dispute resolution clauses essential in HOA contracts?
As homeowners’ associations (HOAs) continue to maintain the quality of life and property values in community living, disputes between HOAs and homeowners are inevitable. These conflicts can lead to tension, stress and even legal battles, which can affect the harmony of the community. Read the article…………………………….
Should I consider mediation for an HOA dispute? (FL)
Homeowner associations (HOAs) play an important role in maintaining community harmony and property values. The HOA achieves this balance by working to ensure those within the community follow the rules. There are times when people do not agree, when a conflict over an HOA rule may arise. Read the article…………………………….
Common HOA Disputes & How To Resolve Them
Houston, Texas, like many other cities with rich and vibrant communities, has its fair share of HOA disputes. These disagreements can range from minor misunderstandings to major conflicts that threaten the harmony of the neighborhood. Read the article…………………………….
Respecting Rules & Rights: Strategies for Dealing With ‘Problem’ Residents
Everyone wants to be a good neighbor—at least that’s what we’d like to believe. But, living in small spaces and sharing common areas can (and unfortunately does) lead to occasional conflict. That’s the unintended but inevitable consequence of shared interest community living. What one resident considers normal or acceptable may not be seen as such […]
How to Deal with Difficult HOA Residents (NJ)
Dealing with difficult residents can be a challenging aspect of HOA community management. HOAs (or homeowner’s associations) play a crucial role in maintaining the quality and value of residential communities. When a resident becomes difficult, the Board may struggle to maintain the harmony of the HOA. It would be easy to blame frustrated and disgruntled […]
Managing Disruptive Residents in Your Condominium Association
Living in a co-op, condo, or HOA often involves dealing with disruptive residents who create problems ranging from noise disturbances to more serious conflicts. Industry professionals note two main types of troublemakers: those who inadvertently break rules and those who deliberately disregard them, with the latter often proving more challenging. The COVID-19 pandemic exacerbated tensions, […]
Using mediation to resolve HOA foreclosure disputes (CT)
Foreclosure can be tough for everyone involved, especially within a Homeowners Association (HOA). When foreclosure is looming, both community relationships and financial stability are at risk. In such cases, mediation can be a powerful, less aggressive and more cost-effective solution compared to court proceedings. Read the article…………………………….
SCCL residents turn out to support HOA president (SC)
It was not a quiet day in Sun City Carolina Lakes on the Tuesday after Memorial Day. Over 200 people showed up at the Lake House at noon June 28, looking to hear from the HOA Board President Thomas Powell, who had sent an email to the community earlier in the day, saying he would […]
Managing Four Common Types of Conflict in HOA and Condo Communities
Conflict within HOA and condo management teams is inevitable and can arise in four primary forms. Anyone who has worked with community associations knows that conflicting opinions are common. For example, I recall a well-intentioned board passionately arguing over the selection of paint colors. Since everyone’s goal was to increase property values, all members agreed […]
Why condo owners might need arbitration or mediation when facing a HOA dispute
If you are a condo owner facing a homeowners association (HOA) dispute, you should be aware that cases may have to go through mediation or arbitration before the go to trial. This is to prevent taking a high volume of cases to court when you can opt for alternative means as a resolution. Read the […]
De-escalation – Tried and True Techniques
“Conflict is a good thing” was the sales pitch from a rug salesman desperate to try and shift the most hideous fuchsia floor rug that would have been objectively unacceptable to any design theory to my father in the early 90s and has become a running gag whenever there is a disagreement in our household. […]
HOA dispute? How to resolve heated issues (SC)
Complaints against homeowner associations have become so common in South Carolina that the Department of Consumer Affairs said it’s the biggest growing category of all the reports they get. So 7NEWS Here to Help looked into how people can resolve many of these disputes before they get too heated. Read the article…………………………….
Renter says HOA board member is harassing her (NV)
Q: I recently read your article about Nevada laws and residential bullying. I appreciate the ethos of the article and addressing where manners of reason may often go wrong. I feel as if I, a renter, am experiencing harassment from an individual on the HOA board, who lives across from me. Her car is parked […]
Navigating Dispute Settlements and Business Decisions: A Guide for Community Associations
In the complex realm of managing condominium and homeowner associations, disputes with contractors and other critical business decisions can unexpectedly arise. Successful navigation through these challenges requires proactive measures, clear communication, and careful decision-making. In this guide, we explore how to handle dispute settlements, important business choices, and the significance of release agreements for associations. […]
Why might a resident take your HOA to court? (CT)
Running a homeowners association (HOA) can be incredibly challenging at times. Residents won’t always agree with everything you do, despite you doing them to protect the interests of the HOA and the residents in general. Dealing with a legal challenge from one or more residents can be frustrating, time-consuming and costly for an HOA. Understanding […]
How To Effectively Handle Conflict in Your Community
When people live in a community, there is bound to be occasional conflict. Homeowners associations (HOAs) and Condominium associations are no different. Conflicts may arise between homeowners or between the board and homeowners. No matter the reason for the conflict, how you handle it will greatly affect the atmosphere and overall well-being of your community. […]
How to Oust Your Condo Board or HOA
Close to 30% of Americans live in a property governed by a condo board, homeowners association (HOA), or other community association—more than 70 million people. These associations are generally responsible for property upkeep, enforcement of community rules, and acting as a go-between for residents when disputes arise. Most people have a good or at least […]
Conflict Management How to Handle When Things Get Out of Hand (NV)
Living in close quarters can—and often does—lead to conflict. In co-op, condo, and HOA communities, conflict can occur between residents, or between a resident and the board. And to complicate matters, a seemingly isolated conflict between residents may spill over to become a conflict between resident(s) and the board. What’s the key to resolving differences? […]
Dealing with Difficult Owners in an Association
Living in a community can offer many benefits, such as shared amenities and a sense of community. However, associations come with their own set of challenges, particularly when dealing with difficult owners. Whether it’s disagreements over rules and regulations, or disruptive behavior, addressing these issues requires a delicate balance of assertiveness, diplomacy, and adherence to […]
Here Is How To Handle a Homeowners Association Dispute the Right Way
People seem to have a love/hate relationship with Homeowners Associations, or HOAs. Some love them, while others will never live in another HOA community again. Disagreements and disputes can arise between residents and the HOA, causing tension among residents. And these tensions can be stressful. And sometimes, they can drastically increase the cost of homeownership. […]
Condo, Coop, HOA Board vs. Dissidents – Navigating Contentious Times
In the intricate realm of community associations, addressing the process of compelling a vote to remove a board is a crucial but often overlooked aspect. One of the primary challenges arises when the sitting board refrains from calling a special meeting, necessitating potential litigation funded personally by the owners or shareholders. Read the article…………………………….
Avoiding and Mitigating Owner Disputes in Community Associations (FL)
With neighbors living in close proximity to each other, all mutually bound by set rules and edicts, communities with associations are oftentimes fertile ground for spats and disputes. The best boards of directors and property managers understand that disputes between owners may arise from time to time and should strive to settle them as reasonably […]