MANAGING CONFLICT BETWEEN HOMEOWNERS

FROM A BOARD MEMBER PERSPECTIVE

MR. KEVIN LEONARD, RS, ASSOCIATION RESERVES, INC.

The majority of misunderstandings between HOA boards and residents emerge when one party or the other is not clear about reasoning, objectives or timeline. Board members should use all resources at their disposal (newsletter, phone calls, emails, written notices) to share information with residents, whether in response to a specific infraction or general information that impacts the community. Residents, in turn, are responsible for reading their community’s rules & regulations and asking to speak to a board member when something is unclear, instead of relying on neighbors who might be equally misinformed.

As fiduciaries for the community’s assets, the HOA board is required to be transparent with financial decisions. However, some HOA boards forget that this standard should apply to all decisions and actions on behalf of the community. Frequent communication, clear follow-through and returning calls in a timely manner will build trust between residents and the community management team and ensure that everyone feels part of the decision-making process. When HOA boards take the time to clearly explain the reasoning behind decisions and residents feel heard, tempers are less likely to flare up.

So far I’ve only been involved in a few instances of homeowner conflict resolution and our preferred method has been, Internal Dispute Resolution (IDR).

IDR is a common-sense approach to resolution where no fees are incurred by either the association or the member and can be looked at as a meet & confer method. Our association has its own IDR procedure, but if that’s not the case in your association in absence it’s a pretty simple process: One party requests a meeting with the other, in writing. If the request is made by the member, the association cannot refuse, but if the request is made by the association, the member does have the right to refuse. Once the board has designated a director(s) to meet and confer, the parties meet at a mutually convenient place. They talk it out, and work in good faith toward a resolution (lawyers may be present at a party’s own expense). Once a resolution is reached, the resolution is put in writing and signed. The resolution cannot conflict with the law or the association’s governing documents.

The 9 things I never knew that I needed to know about conflict resolution (and possibly other aspects of life):

1. Actively Listen

2. When emotions run high take time to cool off

3. Attack the problem not the person

4. Express views but do so without judging the other person

5. Listen, listen, listen

6. All participants need to respect the opinions of others, working towards common ground.

7. All parties must listen to one another without interrupting.

8. Don’t view this as a competition, with a winner and a loser. The preferred outcome is a win-win solution for all parties involved.

9. Did I mention the need to LISTEN?

Kevin joined Association Reserves, Inc. in 2013 after graduating from California Lutheran University. His experience includes condominiums and homeowners’ associations ranging from 4 unit condos to 1,000+ unit PUDs. Kevin earned the Community