You have two residents in your community who for whatever reason do not get along. Unfortunately they live right across the street from one another! Your homeowners association manager receives phone calls and emails from these two weekly. Bill calls to complain about the lights on in Dan’s home. Dan calls to complain about cars […]
How to deal with rude neighbors and handle residential conflicts (NV)
Whether it’s a rowdy family with a penchant for playing polka in the wee hours or a bachelor too busy with Tinder drama to tame the shrubs, some neighbors just drive you nuts. Dealing with them can be frustrating, but there are plenty of avenues for resolving issues. From municipal agencies to mediators, here are […]
Mediation and Arbitration Study for HOAs and Condos (NC)
The General Assembly met yesterday (August 3) to consider several issues remaining from the legislative session. Bills that would impact North Carolina’s homeowner and condominium associations weren’t really on the agenda, but one proposal was adopted that has a provision concerning community associations. Read the article…………..
Got Conflict? Get Mediation!
Understanding what mediation is, how it works, the benefits for all parties, and the types of disputes that can be resolved with mediation, demonstrates how mediation can be an effective alternative to litigation. Read the article………….
How to Win a Fight With Your Condo Association or HOA – Without Going Broke
More than 68 million Americans live in community associations, according to the Community Associations Institute, meaning 1 in 5 of us is required to follow the rules and regulations of a condo, cooperative or homeowners association. According to a 2016 CAI survey, 65 percent of residents find living in an association positive, with another 22 […]
When the HOA Should Step in to Resolve Homeowner Disputes
Homeowners in your association are bound to get into disagreements at one time or another. It can be tricky for the board to decide when HOA dispute resolution is necessary, or when they should stay out of it and let the disputing parties resolve their differences among themselves. This article will explore circumstances where it […]
Injunction Against Condo Owner Illustrates Just How Ugly Things Can Get
The old adage “don’t let one bad apple spoil the bunch” definitely applies in community association living. Unfortunately, conflicts between boards of directors and recalcitrant unit owners are par for the course in associations, so it is incumbent on the boards and their property management and legal counsel to deftly contend with every brouhaha that […]
How To Handle HOA Board Meeting Attacks
Out of the blue, an irate homeowner launches a smear campaign aimed directly at the board. It’s relentless and focused. The motivation may be some personal grievance, hatred of a board policy, disagreement on how the board does business in general or loathing for the whole HOA concept. Rather than seeking redress in an orderly […]
4 Tips Developing a HOA Dispute Resolution Process
Disputes, as much as they are uncomfortable and inconvent, are inevitable amongst homeowners. It is, therefore, important for HOAs to put in place a HOA dispute resolution plan that they can refer to and enforce in a consistent manner when a dispute arises. This article will explore how to develop an effective framework for conflict […]
Accessing Justice from Your Smartphone: The Civil Resolution Tribunal (BC)
Starting June 1, 2017, certain small claims disputes will be adjudicated online rather than in a traditional courtroom in British Columbia, thanks to the Civil Resolution Tribunal (CRT), the first online tribunal of its kind in Canada. The CRT is a recent provincial initiative that will significantly change how certain small claims disputes and strata […]
The Role of the Community Association in Neighbor vs Neighbor Disputes
Neighbor vs neighbor disputes are frequently a part of life in community associations. Common examples may include an owner allowing his dog to use his neighbor’s yard or an owner dumping trash on his neighbor’s yard. Although they may initially be trivial, these neighbor vs neighbor disputes can escalate into bitter personal rivalries. While many […]
How to Handle Conflict: Check Dispute Resolution Requirements
Unfortunately, being a friendly neighbor will not always result in a resolution. Let us assume at this point that you have tried to be positive and work with your neighbor to solve issues which are concerning you. Notwithstanding your best efforts, your neighbor has blown you off and shows no interest in addressing your concerns. […]
How to Handle Conflict: Try to be Neighborly
Notwithstanding your best efforts and those of other members within the community, conflict is bound to happen. The key to resolving this conflict without the need for expensive attorneys or hateful battles is in how the conflict is addressed. While trying to be neighborly within your community makes common sense, it is something that appears […]
Maximize Mediation: A Guide to Saving Association Legal Fees
Community Managers wear many hats in their business relationship with the Associations they manage. They act as a liaison, a resource, and a consultant to help the Association Boards they serve to make decisions. Community Managers have the tough job of being personality neutral when disgruntled unit owners call them complaining about some problem they […]
Strategies for Handling HOA Neighborhood Disputes
In every community, there comes a time where there might be a neighbor-to-neighbor dispute. Typically, these differences stem from a noise complaint, landscaping violations, parking violations or a misuse of a common area. In every instance, it is the hope of the Association that the neighbors can resolve the conflict themselves, but in some cases, […]
Maximize Mediation: A Guide to Saving Association Legal Fees
Community Managers wear many hats in their business relationship with the Associations they manage. They act as a liaison, a resource, and a consultant to help the Association Boards they serve to make decisions. Community Managers have the tough job of being personality neutral when disgruntled unit owners call them complaining about some problem they […]
Superior Court rules Philly condo residence dispute does not need to go to arbitration
The Superior Court of Pennsylvania said an occupancy agreement, not an operation agreement, was the key document in deciding the fate of a residential dispute action centered around a condominium in Philadelphia’s affluent Rittenhouse Square neighborhood. Read the article…………….
Neighbor Annoyances In Your HOA
When people live in close proximity, as with homeowner association common wall living, lifestyle clashes are more likely. Noise is the most common complaint followed closely by odors, health and sanitation issues, cigarette smoke and curb appeal. The board is challenged from time to time to sort out various nuisances that interfere with a member’s […]
How to Resolve Disputes Over Common Areas in an HOA Community
When homeowners live in close proximity, as in a gated community, condo complex or other HOA-managed community, disputes over common areas are bound to arise. Tempers can flare, leading to unnecessary conflict and problems between residents and Board members. In this article, we show you how to successfully address and resolve common area disputes so […]
Requirements to Challenging an Association Election Through Arbitration (FL)
Hardly anything generates more buzz and quarrel within community associations than the annual board of director elections. During the annual meeting and election season, numerous legal inquiries are made regarding the law on the election process, election disputes and challenging election results. Challenging an election requires meticulous and timely action. This blog post discusses the […]
Ask Eli: Resolving Disputes With Condo Associations
Question: My condominium association is treating me unfairly, what should I do? Answer: I receive this question in many forms and will attempt to provide a general road map to deal with association-related conflicts. I enlisted the advice of Tiffany Releford, Esq., of Whiteford Taylor Preston, who’s an expert in condominium law in Virginia, Washington, […]
The Basics of Homeowners Association Disputes Part 1 – Mediation
HOA disputes are something that we see on a regular basis. Although in a perfect world, none of us would get in disputes with our neighbors, the reality is that disputes between neighbors, or the association and an owner, are exceedingly common. However, most HOA CC&Rs have provisions to try and resolve these disputes without […]
On-line Condo Dispute Resolution in British Columbia
Effective July 13, 2016, strata (condominium) disputes in British Columbia can be submitted on-line to the Civil Resolution Tribunal (“CRT”). The CRT has been established as a cost-effective and timely way to resolve disputes. “CRT encourages a collaborative, problem-solving approach to dispute resolution, rather than the traditional courtroom model.” Read the article……………
Managing Conflict in Your Community Association
When large groups of people try to accomplish a shared goal, differences of opinion are bound to arise. Stifling differences of opinion is never a good idea. Community association management boards and companies that provide on-site community management value various perspectives and rely on diverse points of view to ensure that they’re seeing the big […]
9 smart tips on how to handle nasty neighbors
Even the most beautiful home in the most serene town can become a nightmare if you live next door to the wrong kind of people. And dealing with nasty neighbors can be enough to drive even the most peaceable person to distraction. Read the article………..
How To Avoid Condo Association Problems Before They Begin
As a member of the condo board or property management team, there are going to be some problems that are simply beyond your scope of capabilities. There is no way you can prevent every problem that may ever occur. You can get ahead of most of these situations, though, with simple communication and respect. […]
Role of Good Conflict in HOA Decisions
Chances are that the word “conflict” carries a negative connotation that makes you cringe. But, don’t be put off by conflict among your HOA Board members. If you allow conflict to reign, it can be a source of destruction. Managed effectively, conflict can bring about good things for your community. It’s vital for HOA Boards […]
Appropriate Forum for Condo Association and HOA Disputes in Florida: Arbitration, Mediation or State Court
Determining the correct forum for any given dispute involving a Florida condo association or HOA can be confusing. Often times the board members, licensed managers and unit owners are unsure of where a dispute will be resolved if a party initiates formal legal action. Florida’s Condominium Act and HOA Act govern the procedures for community […]
How to Avoid a War with the Neighbors
A disagreement between neighbors can escalate quickly. One minute you’re mowing your lawn, the next you’re plotting revenge on the homeowner next to you for parking his car on your freshly cut grass. Read the article…………….
Resolving Underlying Conflicts Among HOA Volunteers
Diversity is a source of strength for HOA Boards and committees. Different personalities, skills and experience translate to a variety of problem-solving approaches. Yet, this diversity can also create underlying conflicts. Here are some ways to resolve common issues in community associations. Read the article………..
Can’t We All Just Get Along?
There are certain situations in life that tend to bring out the worst in people, and one of those is when neighbors just cannot seem to get along. Whether at an HOA or condominium, when people of diverse personalities and interests, who would otherwise not be connected in any way, are forced to live in […]
In Arbitration, a ‘Privatization of the Justice System’
Deborah L. Pierce, an emergency room doctor in Philadelphia, was optimistic when she brought a sex discrimination claim against the medical group that had dismissed her. Respected by colleagues, she said she had a stack of glowing evaluations and evidence that the practice had a pattern of denying women partnerships. Read the article…………..
Before You Litigate, Mediate
If you live in a community association, you have probably encountered neighbors failing to act neighborly. It is not uncommon for owners to get into disputes with one another and the association. For homeowners and associations alike, litigation can be a costly and time-consuming means to resolve such disputes. Read the article………….
Bad neighbours: the good, bad and ugly of strata apartment living
Getting revenge on a neighbour is a day dream that is rarely, if ever, fulfilled. But one elderly woman succeeded in hosing down a couple in their bed next door for making too many nocturnal noises. Read the articles…………
Alternative to What?
Alternative Dispute Resolution or “ADR” is traditionally thought of as an “alternative” to litigation: ways of resolving legal disputes that are generally considered to be simpler, quicker and less expensive. But with many states requiring some kind of ADR after a lawsuit has been filed as a way of attempting to settle cases before trial, […]
3 Steps an HOA Board Can Take to Resolve Disputes in the Association
A homeowners association and its members disagree from time to time. The HOA board must provide the homeowner an opportunity to meet and confer with the board. Members must be provided with a fair, reasonable and expeditious procedure for resolving disputes with the Association without being charged a fee. The process is referred to as […]
Avoiding Litigation: The Power of Alternative Dispute Resolution
With dozens—sometimes hundreds—of people living in a community governed by neighbors, acquaintances and friends, it should be no surprise that disputes occasionally arise in condo buildings. Read the article………….
How does alternative dispute resolution apply to a community association? (CA)
Alternative dispute resolution may consist of mediation or arbitration (binding or non-binding). Neither an association nor an owner may file an enforcement action against the other in Superior Court unless the parties have endeavored to submit their dispute to alternative dispute resolution. Alternative dispute resolution applies only to an enforcement action that is solely for declaratory, injunctive or writ relief, […]
Condo Disputes and Unreasonable Neighbours
Living in a condominium most often involves sharing space with others. Different living styles, customs, religions, ethnicity, ages, food, etcetera, all requires a great deal more consideration and accommodation than the privacy afforded by living in a single detached home or acreage. Read the articles…………
Appeals court yields pro-builder ruling in construction-defects case
The Colorado Court of Appeals ruled this week that the stipulation in a homeowner association’s bylaws that arbitration be used as the resolution method in construction-defects disputes can’t be removed by the association without the consent of the builder. Read the article………..
Homeowners Association Etiquette: Fencing Tips to Avoid Disputes
Can’t we all just get along? In a perfect world, yes, but in a homeowners association or any neighborhood for that matter, people are going to do things that either drive you crazy or are just outright rude. But you don’t have to be that neighbor. Read more……..
Quelling the Quarrel in Your HOA
“Quarrel” has been defined as “the minimum number of people required to hold an argument”. One of the many challenges facing homeowner associations is resolving disputes between neighbors. Noise, parking, garbage, pets, trees, fences and other territorial based conflicts can erupt any time. Most conflicts result from false assumptions and, according to the prison warden […]
What to Do About Simple Neighbor Disputes in a Homeowners Association
When you move into a new home or you welcome new neighbors into the homeowners association all you can do is hope for the best. Just like you don’t get to choose your parents, you usually don’t get to choose your neighbors either. When you’re a member of the HOA board, do you get involved […]
Avoiding Lawsuits: Dealing with Friends, Foes and Finances
Parking issues, noisy complaints, pet problems and rental restrictions are the most popular causes of conflicts between residents, the pros say. Read more……..
A Nuisance or Not?
All of us have complained about a loud and noisy neighbor or some other disturbance that we have deemed a nuisance at one point or other in our lives. However, we should all be thankful that none of us reside in the Plaza at Five Points Condominium Association in Sarasota, Florida. Read more…….
All you Need to Know About the HOA Laws
When members of a homeowners associations’ Board of Directors take office, they often aren’t prepared for what their job will require of them—particularly the legal aspects of being a board member. The average board member will most likely be unaware of the various types of financial roles they must play, or legalities they must adhere […]
Simple Tips for Effective Due Process Hearings in your HOA
This blog post focuses on addressing one major source of discontent in community associations: due process hearings for alleged violations of the community’s governing documents or condominium instruments. Read more………
Keeping the Peace
Keeping The Peace – Conflict Resolution Series Part 1……. Keeping the Peace – Introductions Part 2……. Keeping the Peace – Be Welcoming Part 3……. Keeping the Peace – Hold Events Part 4……. Keeping the Peace – Third Party Intervention Part 5…….
Pa. High Court Won’t Hear Developer’s Arbitration Push
The Pennsylvania Supreme Court on Thursday declined to hear an appeal of an appellate ruling that denied a developer the ability to push claims brought by a homeowners association over construction defects into arbitration. Read more…….
Is ADR Right for You? A Primer
Several posts out here in the legal blogosphere have discussed alternative dispute resolution (ADR). One good post out there relating to arbitration is by my friend Matt Devries at his great blog Best Practices Construction Law. In his post, Matt sets forth the case for arbitration as a dispute resolution mechanism in the right situation. […]