The importance of dispute resolution in HOAS

Proper dispute resolution in homeowners associations is a vital component to a harmonious atmosphere; however, the unfortunate the reality is that many HOAs still struggle with this aspect of management.
 
“When faced with a conflict, some boards implement a non-standardised way of dealing with it,” notes Omar Kinnear, developer of ResidentPortal, the fast-growing community scheme management and communication portal.  “This inconsistent approach to resolving disputes will only lead to more misunderstandings.”
 
He points out that HOAs are filled with residents from all walks of life. “So it is only natural for members to get into arguments or have disagreements. While living in a harmonious community is ideal, it is nearly impossible to eliminate all conflict. The key to successful HOA management is knowing how to deal with conflict when it arises.”
 
Disputes can take several forms, whether among board members, between board members and homeowners, and between neighbours. People can have differing opinions and strong feelings about certain issues, often leading to disagreements.
 
Kinnear lists some of the most common disputes in HOAs:
 
* Noise complaints between neighbours (parties, loud music, barking dogs, etc)
* Rowdy behaviour of children
* nuisances (overflowing trash bins, overhanging tree branches, etc.)
* Unpleasant odours
* Disruptive or illegal acts
* Disagreements concerning fines
* Differing interpretations of restrictions or rules
* Selective enforcement
* Levy increases or the imposition of special levies
 
Importance of an HOA dispute resolution policy
 
“Left unresolved, disputes can plant seeds of contempt and affect long-term relationships between neighbours. They can impact how board members’ work and even lead to other owners taking sides. Simply put, disputes can divide a community,” says Kinnear. “So it’s essential for every association to adopt an HOA dispute resolution policy.”
 
Tips to resolve HOA disputes include:
 
Determine whether to intervene
 
If it is a dispute between neighbours, the HOA board should determine whether or not it is right to step in. Not all disputes require board intervention. Most neighbour-to-neighbour disputes resolve on their own.
 
“Besides, setting a precedent for board intervention, no matter how small the dispute, can be very dangerous. It can turn your community into a courtroom where the board reigns supreme,” notes Kinnear.
 
One way to implement this tip is to set up a system where owners can request for dispute resolution in writing.  But, even then, the board should evaluate each request and discern which ones actually need HOA intervention.
 
Focus on facts
 
Boards should focus on facts. While parties can express their feelings, board members should not let these feelings influence them. Having legal counsel present at the resolution meeting is also a good idea.
 
Remain neutral
 
It can be challenging for board members to resolve disputes, especially when they know the parties involved. However, part of being a board member is knowing when to put your emotions aside. Negotiations require neutrality, and board members should not let their personal biases and relationships inform their decisions.
 
CSOS – another alternative
 
Should the board decide not to intervene, or if an attempt to resolve the dispute in line with its dispute resolution policy fails, the sparring individuals can be advised to take the dispute to the Community Schemes Ombud Service, which resolves disputes through Conciliation and Adjudication at a fee of R50 and R100 respectively.
 
Kinnear concludes: “HOA disputes are an unfortunate fact of life, but if residents know that there are pathways open to them should they be unable to resolve the dispute themselves, it makes for an overall, far better-managed HOA.”
 
About ResidentPortal
 
Resident Portal is a comprehensive online portal designed for managing sectional title, HOA, or any other community scheme. The system is specifically designed to streamline community communication, request management, and event scheduling, allowing for a more organised and efficient living experience for all residents.
Resident Portal enables easy access to vital information about the community, including contact information, upcoming events, and facility bookings. It provides a centralised location for logging requests and complaints, ensuring that all issues are addressed in a timely and effective manner.
We invite you to try Resident Portal and experience the benefits of streamlined communication, simplified request management, and efficient event scheduling.
For more information, contact:  Omar Kinnear, 078 798 3378
info@residentportal.co.za
www.residentportal.co.za