OWNER DISPUTES & BOARD CONFLICT 

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  • Does the Board have to get involved in disputes between neighbors?

    Not every disagreement between neighbors is an association matter.


    The Board should determine whether the conduct violates the declaration, bylaws, rules or other applicable association obligations. Purely personal disputes may fall outside the Board's proper role.

  • What should the Board do about a chronically hostile owner?

    Focus on conduct, not personality.


    The Board should establish boundaries, enforce meeting procedures, document inappropriate conduct and continue applying association rules consistently.


    Responding emotionally to a difficult owner frequently makes the situation worse.


    The "human side" of community association law matters. Understanding why a conflict is occurring can sometimes be as important as identifying which rule applies.

  • Can the Board communicate with an owner who has hired an attorney?

    Once counsel becomes involved, the Board should coordinate communications with association counsel.


    Board members attempting to personally debate opposing counsel—or the represented owner— can unnecessarily complicate the dispute.

  • When should the Board call its attorney?

    Earlier than many Boards think.


    Legal counsel is not only for lawsuits.


    Boards should consider contacting counsel when dealing with significant collections, special assessments, major contracts, amendments, election disputes, owner demands, discrimination or accommodation requests, major property damage, insurance disputes, serious rule violations, governance disputes, threatened litigation and unclear provisions in governing documents.


    A short conversation before action is taken can be far more valuable than extensive legal workafter a preventable mistake.