Simple things can aid
resolution
Forum Publishing Group
June 12, 2008
Kay,
I have a lot of friends who live in homeowners associations
and condos. I also live in a condo. It seems like there are
always problems between neighbors or between owners and the
board. Sometimes they just go on and on. Isn't there some
way to fix these problems?"
Unfortunately, problems and conflicts
in community associations are common. Some associations run
very smoothly with few problems, and others always seem to
have some kind of conflict happening. Let's discuss some
examples of the different kinds of problems and how they can
be solved.
Problems between owners and the board can include: The board
doesn't provide enough information to the owners or doesn't
consider the effect of its decisions on all owners; owners
are adverse to the board's decisions; there is no procedure
for resolving complaints; owners have the perception that
the board is making decisions secretly; the board is
enforcing the rules inconsistently or is unwilling to listen
to its owners and residents; perception of owner harassment
by the board or board harassment by the owners.
Problems between owners can include: infringement of space,
pets, use of common areas, noise disturbances, fencing,
decks and patios, trash and parking.
Solutions can be simple. Everyone should read
and understand the association's declaration, bylaws,
amendments, and rules; foster respect among owners and the
board; stay calm and ask questions about the other side's
perceptions; encourage the board to make decisions
transparently; have social functions so residents will get
to know each other; create a channel to receive complaints;
establish a complaint resolution procedure; and listen to
each other's point of view.
There are two main keys to solving conflicts in community
associations before legal action is necessary. Education is
one and mediation is the other. Parties in conflict will
usually be willing to work toward resolution if they feel
their side has been heard and understood. If this is not
accomplished through education, calm discussion in a non
threatening environment and the willingness of each party to
make some concessions, mediation is an excellent tool.
Mediation is defined as impartial third-party assisted
negotiation. It is a process in which a mediator guides the
parties through a settlement of their own case. Mediation
can help repair damaged relationships among neighbors and
encourage boards to be more transparent to the owners.
If owners or a board is in need of conflict management or
mediation, a helpful place to start would be Creative
Conflict Resolutions Inc. in Florida, a company dedicated to
conflict prevention and management education.
Visit the Web site
www.floridacondomediation.com Many other states
have mediation experts available. Just do a Web search on
condo mediation for your state.
Kay Senay is the author of "Condo Buying & Ownership
Made Simple." Send comments to
condotalk07@yahoo.com.
