Disagreements are a normal part of living in a shared community. Neighbors differ on noise, parking, and pets, and owners sometimes disagree with the board about rules, fines, or assessments. Conflict cannot be eliminated, but it can be handled in a consistent way that keeps small problems from dividing the community.
This article is general information and is not legal advice. The association's attorney should be consulted.
Common Sources of Conflict
Most disputes in a community association fall into a few familiar groups:
- Noise between neighbors, such as parties, music, or barking dogs
- Visual nuisances, such as trash bins left out or overhanging branches
- Odors, unsafe conduct, or illegal activity
- Disagreements over violation notices and fines
- Different readings of the same rule or restriction
- Claims that rules are enforced against some owners and not others
- Increases in assessments or the levy of a special assessment
A written, standard process is the best protection for the board and the owners alike.
Deciding Whether the Board Should Step In
Not every disagreement between neighbors calls for board action. A habit of intervening in every complaint can turn the board into a referee for matters it has no authority to decide.
A simple approach is recommended:
- Complaints are submitted in writing so the facts are recorded.
- Each complaint is reviewed against the governing documents to see whether a rule or covenant is involved.
- If a rule is involved, the matter is handled through the normal enforcement process.
- If no rule is involved, the owners may be encouraged to work it out between themselves or through a community mediation service.
Where conduct rises to harassment or threats, different steps apply. More on that subject can be found in
how HOAs can intervene to stop neighbor-to-neighbor harassment.
Keeping the Process Fair
Facts should drive the decision. Owners should be heard, but decisions should be based on what the documents say and what the evidence shows.
Neutrality should be maintained. A director with a personal relationship or a stake in the outcome should step back from the decision. Personal ties should never shape the result.
The same rules should be applied to everyone. Selective enforcement is one of the most common complaints owners raise, and it weakens the board's position if a dispute later reaches a mediator or a judge.
Counsel should be consulted when needed. When a dispute involves the board's authority, a possible lawsuit, or an unclear provision in the documents, the association's attorney should be asked for guidance before action is taken. The duties of directors are covered in
the role of the board of directors.
What Florida Law Requires Before a Lawsuit
Florida law steers many association disputes away from the courtroom.
Homeowners associations. Under section 720.311 of the Florida Statutes, certain disputes between an association and a parcel owner must be the subject of a written demand for presuit mediation before they are filed in court. These include disputes about use of or changes to a parcel or the common areas, other covenant enforcement disputes, amendments to the association documents, meetings of the board and its committees, membership meetings other than election meetings, and access to official records. Collection of assessments, fines, and other money owed is not included. Election and recall disputes are handled differently; they are arbitrated by the state or filed in court. Where emergency relief is needed, a request for a temporary injunction may be filed without mediating first.
Condominiums. Under section 718.1255, before most disputes defined in that section are taken to court, a party must either petition the state's condominium division for nonbinding arbitration or start presuit mediation. The covered disputes include the board's authority over an owner's unit, changes to common elements, and failures to hold proper elections, give proper meeting notice, or allow inspection of records. Disputes that mainly involve assessments, title, warranties, tenant evictions, or breach of fiduciary duty are not covered. The statute also encourages mediation through citizen dispute settlement centers.
Mediation and Arbitration Compared
In mediation, a trained, neutral mediator helps the parties talk through the dispute and look for a settlement. The mediator does not decide who is right. If an agreement is reached, it is put in writing and becomes binding on the parties. If no agreement is reached, the mediator declares an impasse and the dispute may proceed.
In arbitration, a neutral arbitrator hears the facts and issues a decision. Under the condominium statute, the arbitration is nonbinding unless all parties agree in writing to be bound, and a party may seek a new trial in court.
Both methods carry fees, but they are usually less costly than a lawsuit.
Help With Community Disputes
A clear complaint process, consistent enforcement, and early use of mediation keep most disputes small. Complaint handling and enforcement support are provided for the communities managed by Condominium Associates. To talk about your association's process,
contact us.
