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 may be necessary for the HOA to step in to resolve homeowner disputes, and when they should not get involved.

Personal Issues

If the source of the dispute is something personal, for example, two people who were dating and broke up, or arguments between divorced parents, then it is best for the HOA to stay out of it. It 's hard to be objective in personal disputes, and you don’t want the HOA to seem like it is taking sides.

In addition, specific codes within the governing documents and the HOA dispute resolution process may not have been violated, therefore making it difficult for the HOA to prove grounds for which it is getting involved.

Compliance Issues

If the source of the dispute is due to a violation of policies stipulated in the HOA governing documents, then the HOA may be obligated to step in. For example, noise violation, hygiene standards, and safety regulations may have been violated by one party, and the affected party is complaining about this violation. The HOA is obligated to ensure that the required guidelines are being followed.

In such a situation, the HOA should officially inform, in writing, the violating party and what section of the governing documents that they are contradicting. If the resident does not comply, the HOA can enforce the policies stipulated.

Effect on the Surrounding Community

Some personal disputes can spill over to the surrounding community. Such situations can be difficult for the HOA to determine if it should step in, and they should be considered on a case-by-case basis. In the end, it will depend on the reactions of the affected community and what approach they would prefer to be used by the board.

The HOA should be careful when considering stepping into member disputes. During HOA dispute resolution, if a particular rule is being violated, then the association is obligated to enforce the rules. If it is a personal dispute, they can keep a hands-off approach and provide helpful community resources.

If you enjoyed this post, you might also be interested in reading: