According to the Community Association Institutes, approximately 20 percent of Americans live in residences governed by a homeowner's association, co-op board or condo association. If you are an executive of an HOA board or condo association, such as MacPherson's Property Management, you know that one of the most common issues you will face is a dispute between two neighbors. For example, an HOA might step in if there is an issue with an ongoing noise complaint or if a neighbor's landscaping is encroaching on another resident's property. Whether it's a landscaping complaint or a problem with a barking dog, here are a few tips to help you meet a peaceful resolution to an issue between neighbors:
Ask Them to Work It Out First
Before the HOA, co-op board, attorneys or even the authorities are involved, it is important that the two neighbors try to work out their issue on their own. In instances where no one's health, safety or property are involved, encourage the neighbors to meet on their own to find a way to work out their problems.
However, if the issue threatens the health, safety or property of the neighbors or anyone else in the community, the HOA or co-op board may be forced to step in. If you're unsure how to proceed in these more serious matters, such as if one neighbor threatens another or damages their property, it is best to consult an attorney before moving onto any dispute resolution or arbitration.
The Next Step
If the neighbors aren't able to work out their issue on their own, the next step is to get each of their sides of the story. It is vital that the correct paperwork is filed prior to any arbitration or assistance from the HOA or condo board. This will help ensure that if legal action is taken down the line, that the authorities know exactly how the HOA was involved.
Here is documentation you need to secure from both parties:
- A document that asks for assistance from the HOA or co-op board. Basically, this document should explain exactly what the issue is, and why it couldn't be resolved by the neighbors on their own.
- A document that details the grievances. This provides each neighbor with an opportunity to tell their side of the story. Ask the neighbors to be as thorough as possible. For example, they should provide specific dates, times and descriptions of each negative interaction with one another.
- Finally, the neighbors should each explain what they want to accomplish through arbitration or mediation. For example, if the dispute is over a loud stereo, the neighbor with the issue should state they want the noise to remain at a specific level during specific hours.
Handling a Dispute Resolution
The last step should be arbitration or dispute resolution that involves the HOA, condo association or co-op board. Additionally, depending on your state's laws, you may need to consult an attorney or the property management company prior to the arbitration. Once this is accomplished, your next step is to create an arbitration plan.
Here are a few tips to help get your arbitration or mediation plan stated:
- Begin by setting up an initial meeting. During this sit down, both parties should explain their sides of the story to the HOA, co-op board or condo association. During this initial meeting, a representative should try to help the neighbors come to a resolution.
- Contact a professional, third party arbitrator, if a resolution couldn't be reached during the initial meeting. The arbitrator is neutral and their only job is to help both neighbors come to an agreement.
- Once the agreement is met, it is placed in writing and signed by both parties. Provide both neighbors with a copy of this resolution.
Unfortunately, a formal meeting in front of the HOA and third-party arbitration isn't always enough to settle the dispute. When this occurs, the parties involved might need to consult their own attorneys or, if necessary, the police.
When it comes to settling a dispute between neighbors, it is important that the rules of the HOA and the state are followed. However, no matter what, the main focus of the entire process should be ensuring that both parties are satisfied with the outcome.
