This past January, several of our attorneys attended the CAI Law Seminar in San Diego. Aside from basking in the warm weather and the culture, we participated in in-depth sessions on emerging legal trends, significant court cases, and their impact on community associations. One of the more enlightening and energetic sessions focused on hostility in community associations and how to handle neighbor disputes. This session highlighted a growing trend: tensions between neighbors are rising, and Boards are increasingly caught in the crossfire.
When disputes between neighbors escalate, the Board’s role is not to act as a neighborhood referee, but as a neutral enforcer of the governing documents. To help Boards and owners navigate these friction points, we recommend these best practices:
- Document Early and Often: objective evidence of the complaint, including noise logs or digital images, is imperative for any action. Boards should document the steps taken to quell any disputes.
- Governing Documents: Boards should avoid intervening in personal squabbles that do not breach the Community’s governing documents. However, Boards should remain cognizant of their fiduciary duties and be proactive in addressing harassment and other violations.
- Communicate First: A friendly conversation often resolves issues more effectively than a formal violation notice. Offering mediation as an alternative to issuing fines is a growing trend.
- Seek Legal Advice: When you are unsure whether to intervene, reach out to legal counsel. It is always best to err on the side of caution and let us guide you.
Stay tuned for more reflections on this wonderful seminar!