Disputes involving HOAs, also known as homeowners’ associations, in Maryland are more common than you realize. No matter what type of community you manage, it’s likely that some people may not get along or object to something happening within your borders. Because of this possibility, you should have a strategy to deal with HOA disputes. […]
How to Solve HOA Issues Before Legal Action Is Needed (CA)
As a homeowner in an HOA community, you may have noticed your neighbor frequently making noise with their lawnmower early in the morning. This could be a simple complaint to bring up at the next board meeting, or it might escalate into something more serious that would require legal intervention. Read the entire article……………………………….
Handling Community Conflict at HOA Meetings
It’s inevitable that some communities have a bully who attends board meetings in an effort to push their own agenda, belittle other members’ proposals, or even make others feel uncomfortable with their aggressive behavior. Sometimes it may be a homeowner; other times, it may actually be a fellow board member! So, what can you do […]
Conflict with Neighbors? How Your HOA Management Can Help (CA)
Neighbor relations are a significant part of what makes home ownership enjoyable… or not. Some people have a good rapport with their neighbors, while others may not even be familiar with who their neighbors are. However, due to the pandemic, people are paying attention to their neighbors and community now more than ever, for better […]
Comparative Hardship in Covenant Disputes (MD)
In court, disputes over covenants in HOAs and condos are typically governed by the rules of equity. What this means is that courts are more inclined to consider fairness to the parties and certain outside factors than they otherwise would be in a straight breach-of-contract action. What this does not mean is that the law […]
Tips for Handling Difficult Owners (AZ)
Difficult and disgruntled owners are truly the worst part of serving on a HOA/condo Board! Here’s how you can spot a difficult owner… Usually they are criticizing, cajoling and pinpointing the errors of the board. S/he demands change, constantly interrupts, attacks personal integrity and alleges conflicts of interest of the board and the association’s management […]
A condo board’s guide to fixing people problems
If the police are called to break up a fight at a board meeting, most directors will recognize that a problem has been allowed to escalate overtime. Fortunately, most condo boards will never find themselves in a situation such as this. Still, many other less dramatic yet problematic situations can go unrecognized and, if not […]
To Mediate or Arbitrate….? A New Pre-Suit Option for Resolving Disputes in Condominium Associations (FL)
As most condominium association boards and managers are aware by now, Section 718.112(2)(k), Florida Statutes, of the Condominium Act, was most recently amended to require a condominium’s bylaws to include a provision for alternative dispute resolution as provided in Section 718.1255, Florida Statutes. Read the entire article……………………………….
Managing Conflict: When Boards and Residents Take Sides
One of the unique aspects of life in a condo community is that a building or HOA is in many ways a microcosm of the larger world outside. It can suffer from the same factionalism and partisan bickering as any political entity, only on a much smaller, more intimate—and therefore potentially more damaging—scale. Read […]
Neighbor to Neighbor Disputes and Balancing the Liability Line (CA)
With more people working from home in the last year, you might have noticed an increase in neighbor disputes. Often, neighbors will turn to the association first to resolve the dispute. The board must determine when a neighbor-to-neighbor dispute becomes an association issue; which complaints are based merely on bad relations between the neighbors and […]
How HOAs and Condos Can Effectively Handle ADRE Petitions (AZ)
Over the past few months, our law firm has seen an increase in the number of petitions being filed with the Arizona Department of Real Estate (ADRE) against HOAs/condos for alleged violations of CCRs or state law. Here’s a quick overview of the ADRE process and some tips for HOAs/condos in this situation now or […]
How to Manage Bullying in your Association
Bullying is defined as a form of aggressive behavior in which someone intentionally and repeatedly causes another person injury or discomfort. Bullying can take the form of physical contact, words, or more subtle actions. In recent months, during the pandemic, you often saw cyber bullying, which can occur over emails, social media and digital platforms […]
How to Handle Challenging Situations and Disputes in Your HOA Community
Life in a condo presents a unique living arrangement where sooner or later, conflicts and disputes are bound to arise. From noise, to children, pets, and parking, there are many things neighbors in HOA communities disagree on. When issues occur, remember that, as an HOA board member, patience and communication always prevail. By managing your […]
In Florida, condo residents have little choice but to sue over building maintenance, other issues
When Linda Melton ran into a fence dispute with the homeowners association of her Lakeland mobile home community, she found out the hard way how little the state can do for people in her predicament. When she filed a formal complaint with the DBPR’s Division of Condominiums, Timeshares and Mobile Homes, she was told they […]
Australia: New Ideas for Strata Disputes
The way strata disputes are handled hasn’t changed much over the last few decades, they aren’t going away and almost everyone relies on government-run programmes. So, what could strata stakeholders lose by trying something new Read the entire article……………………………….
How fighting with your HOA comes with its challenges (AZ)
Many of you let us know you don’t agree with how an HOA is treating one of its oldest residents. The Bethany Villa Association HOA wants to remove a bench used by a 92-year-old man for more than a decade. Read the entire article……………………………….
How to Fight a California HOA (Homeowner Association) Architectural Committee and Win
While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, […]
3 Steps to Handling Noise Complaints Between Neighbors
Every year, hundreds of millions of Americans are forced to deal with loud, intrusive noises from their environments. When that happens within an organized community, they will often bring their complaints to an HOA/COA board member. Read the entire article……………………………….
What Now, Karen?
Karens became famous in 2020. If you don’t know what a Karen is, it’s a special breed of entitled person. Karen hates everything and everyone, including your dog, trees, the association, and association assessments. She’s a stickler for rules, but they don’t apply to her. A meme was going around social media recently stating that […]
Peace of the Puzzle
Article in CAI’s Common Ground about avoiding conflict in your community Read the entire article……………………………….
Asked and Answered: Hostile Homeowner Harassment (CA)
Asked – How should our HOA handle a hostile homeowner who is being abusive to other residents and overwhelms management staff with endless emails and other harassing communication? Read the entire article……………………………….
Neighbor vs. Neighbor Feuds & the Association’s Involvement
Hatfields vs. McCoys: Does our Board Have to get involved in feuds between neighbors in our HOA/Condo? Short answer: It depends. Sorry to be vague, but, each situation between feuding neighbors needs to be carefully evaluated in light of some recent changes to Fair Housing laws. Read the entire article……………………………….
4 Tips for an HOA Dispute Resolution
Unfortunately, HOA disputes will happen. This is part of living in a Homeowners Association. However, if you know how to deal with a dispute, you will be able to quickly come to a resolution that is in favor of both parties. Read the entire article……………………………….
Mediation, Arbitration & Litigation: A Comparison for Community Associations
When community associations become embroiled in legal disputes, there are three main methods of resolution: mediation, arbitration, and litigation. Mediation is a non-binding process where a neutral third party attempts to assist the parties in reaching a voluntary resolution of their dispute. In contrast, litigation and arbitration are both binding proceedings where a private arbitrator, […]
Ruling: Community Associations Can Take Owners to Court Without Completing Arbitration (FL)
…..discusses how Florida law calls for associations to file for nonbinding arbitration with the state agency that regulates condominiums prior to going to court. Read the article……………………………….
Addressing Neighbor-to-Neighbor Disputes (CA)
Neighbor-to-neighbor disputes are on the rise. These types of homeowner conflicts are typically characterized as governing document violation complaints that are personality conflicts between neighboring homeowners rather than legitimate concerns that impact the Association and its membership more broadly. Refereeing these squabbles can quickly become burdensome and costly for an Association and its volunteer Board […]
The future of ADR for Colorado Associations
The recent ADR survey that the Legislation Action Committee circulated to CAI-RMC membership led to questions about alternative dispute resolution. The survey was designed to obtain member feedback concerning potential legislation related to ADR for community disputes because of the belief that ADR for these disputes will be legislated one way or the other. In […]
Community to Community Disputes (CO)
Developers often create shared use agreements for things like access roads, open space, clubhouses and pools, and other recreational amenities. While these agreements attempt to create structures that allow members of both communities a full and equitable opportunity to make use of the shared improvements, more often than not, they kick the can down the […]
Neighbor Disputes within Homeowners Associations: When should the HOA intervene?
Disputes between neighbors in a homeowners association inevitably arise. HOA board members often face difficult decisions in deciding whether to intervene in neighbor disputes that do not directly involve the HOA. If a violation of the restrictive covenants does not impact all owners, many HOA boards find it difficult to justify spending time and money […]
Dealing with Harassment (CO)
Over the past year we have been required to spend much more time at home. During that time, some of us have been attempting to tutor our children through virtual schooling. We have cancelled vacations, graduations, and other important events. These stressors have not brought out the best in everyone. Many board members, and every […]
Associations should be wary about getting involved in neighbor disputes (FL)
Dear Poliakoffs, I live in a condominium. Whenever a resident has a complaint about noise coming from one of their neighbors the condominium association will not do anything about it until the complaining resident has confronted the resident they are complaining about, at least twice. It seems to me like the association is making the […]
The Most Common HOA Issues
As with just about any living situation, membership in an HOA has its ups and downs. While there are definite perks (pool time, anyone?), things are not always perfect. When issues arise within the community, it is vital that homeowners and the board are prepared to handle them so they can reach solutions quickly, fairly, […]
Condo questions: What is the HOA responsibility in neighbor dispute? (FL)
Q: There are two neighbors in our community that do not get along. They keep threatening each other, and the police have been called multiple times. Each neighbor is demanding the HOA do something about the other’s behavior. What is our responsibility here? Read the Q&A………………………………..
Arbitration – Boards and Owners See it through Different Lenses (NY)
Many bylaws include an arbitration provision. Something like, any dispute between the Unit Owners and the Condominium shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and that the decision in any arbitration shall be binding upon all of the parties thereto and may be entered in any […]
When Neighbors Tangle, Co-op Boards Can’t Look Away (NY)
A recent court case serves as a warning that co-op boards cannot sit back when there’s a dispute between shareholders. In the case Donahue Francis v. Kings Park Manor Inc., Corrine Downing and Raymond Endres, the facts are disturbing yet hardly rare. Kings Park Manor is a rental apartment complex on Long Island where Donahue […]
Ask a real estate pro: How do we deal with troublesome owner in condo? (FL)
Q: One owner in our condominium is a troublemaker. He uses profanity and threatens other residents, has removed signs, written on the elevator wall and even broke the lock on the bulletin board. What can we do to live in peace? Read the Q&A……………………………….
Policy adds teeth against aggression (AR)
Mad at the POA or another Villager? Mad at a weimaraner? Better think before taking abusive or harassing actions. Verbal and physical intimidation or aggression directed at anyone is prohibited. Such behavior is taken seriously, the Hot Springs Village Property Owners’ Association says in the new policy adopted in November by the board of directors. […]
An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes (FL)
Community Associations have an obligation to enforce their governing documents. However, that obligation does not extend to policing, mediating, or resolving disputes between owners, without a corresponding covenant violation. Associations have an obligation to all owners of the community to do what is in the best interest of all owners, not just the select one […]
The Most Common HOA Complaints And How To Deal With Them
Homeowner association complaints are common in any planned community. However, not all of them are directed to the board or the association. Most of the time, homeowners’ complaints are directed towards their neighbors or other members of the community. While neighbor disputes do not always involve or require action from the association, it’s still important […]
The Right Way to Handle Neighbor Conflict
What’s worse than having a grumpy neighbor? A disruptive neighbor. Getting involved in a neighborly dispute can not only lead to a sore relationship, but it can also bring many more troubles down the road. As an HOA member, it’s important to understand the standards and rules behind neighborly etiquette. Read the article………………………………
Handling Harassment – When Trash Talk Turns to Transgression (IL)
Whether you live in a super-luxe Park Avenue co-op in New York City, a waterfront condo on Lakeshore Drive, a sprawling HOA in Nevada, or a multifamily community in Miami, one thing is certain: you have neighbors. Hopefully they’re the people you grill with on a summer afternoon; the providers of a spare cup of […]
An ex-police officer fought with his next-door neighbor over trash and dog poop. It ended in an alleged ‘execution.’ (VA)
The feud between next-door neighbors in Northern Virginia began over issues as common as cul-de-sacs in the suburbs — unscooped dog poop, loud music and messy garbage cans. But over years the ordinary neighborhood dispute spiraled out of control, building to the moment this spring when Javon Prather rang Michael Hetle’s doorbell. Hetle, a 52-year-old […]
When Neighbors Fight: Handling HOA Neighbor Disputes Fairly
No homeowners association is immune from HOA neighbor disputes. No matter the shape or size of the community, neighbors will fight for any number of reasons — that is just human nature. But, what can an HOA do about it? Read the article……………………………….
Condo World: Best to stay out of neighbor noise disputes (NH)
“Oh, the Noise! Noise! Noise! Noise!” I don’t hate Christmas. Far from it. But the Grinch’s comments would be applicable in almost all condominium associations. Someone, somewhere, at some time, in some condominium unit WILL contact its Board of Directors to complain about noise from a neighbor. Read the article……………………………….
MCL 559.154: What is the difference between arbitration and mediation? (MI)
Conflict is inevitable when co-owners live in close proximity in a condominium association. Whether it is a barking dog, loud music or unpleasant odor, it is important that a condominium association has a mechanism to resolve disputes between co-owners. Many condominium associations resolve disputes by commencing an action in circuit court to enforce the master […]
How to Effectively Manage Conflict in Your Community
As an elected leader of a homeowners’ association (HOA), you have a duty to preserve and promote harmony in the community. Conflicts can and will arise, and it’s up to board members to diffuse situations as much as possible and bring the community together instead of apart. Read on to learn about the sources of […]
Dispute with gate guard likely won’t be resolved by community association (FL)
Q: I live in a beautiful, small gated community. Over the Memorial Day weekend, the guard on duty at the gate did not follow protocol by calling my cell phone after I did not answer my home phone to admit a guest. Read the Q&A………………………………..
HOA Homefront: 9 tips to reduce HOA conflict (CA)
Handling conflict is a regular part of governing, managing, or advising HOAs, which are corporations but also neighborhoods. Unlike clubs or churches, when things get unpleasant, a member cannot simply resign, because it is one’s home. Read the article……………………………
Is Incivility Having an Impact on the Operation of Your Association? (FL)
We live in an age where the lack of civility has become a common occurrence in daily life, whether it be on the internet, on the highway, or even in line at the grocery store. While the causes of the decline in civility can be debated, the consequences are more apparent, even at the community […]
Dealing With Challenging Neighbors
Neighborliness is a quality that has come naturally to people for millennia. It doesn’t take a lot to be a good neighbor, but being a good neighbor can have dramatic effects on the building’s community. With that being said, not all neighbors are perfect, and it’s possible we ourselves occasionally leave something to be desired. […]