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HOA Dispute Resolution

All HOA communities should have a dispute resolution process in place. This allows the Board Members to professionally settle arguments in the community without needing to resort to litigation. Read below to find out more.

HOA Disputes & Procedures

HOA dispute resolution comes in handy when disputes occur within the community and McCombs Commercial Realty, LLC provides excellent HOA management services to communities. Read below to learn more about disputes and key things to consider.  

Types of

  • Neighbor-to-neighbor disputes don't always require Board intervention, but if you have a seasoned Board, the Board should consider lending a hand in this type of dispute, should it escalate.

  • When a Board has a dispute amongst themselves, it should be fairly easy to settle the dispute if the Board is familiar with procedures, policies, and one another.  Maintain clear, concise communication along with proper listening skills in these types of disputes.

  • A dispute between the Board and a homeowner may arise if the HOA Board denies the homeowner's request or fails to give credence to a homeowner complaint. And though these types of disputes are normal, the Board should not leave them unaddressed as it could harm the peace of the community and foster an environment of hostility. 

Establish a Procedure

  • It is important for homeowners associations to have policies in place for dispute resolution. Board Members should check the association's governing documents and check state laws, as they may provide requirements and guidelines for resolving disputes.

  • Resolution procedures that first involve an informal homeowner and Board Member meeting can assist in the parties reaching an amicable resolution.  

  • Both parties should enter the conversation with a rational mindset and a professional demeanor so as to achieve the best outcome.

Tips to Resolve Disputes

  • Get Proper Training.  Mediation training can prove to be invaluable, so it is recommended each member equips themselves with knowledge and the proper strategies to resolve conflicts in the community.  ​​​​

  • Clear Communication is Key.  It is important to remember that emotion should not be involved in a dispute resolution and misinterpretations often happen.  Clear, concise communication can halt problems before they start if you are proactive and clear in your communication.

  • Make Informed Decisions.  Never rely on gossip or rumors.  The best way to get all information is to speak with the parties involved directly. That way, Board Members can make informed decisions.

Resolution Alternatives

  • Arbitration:  This alternative dispute resolution involves an arbitrator who listens to both parties of the dispute and then reviews evidence garnered during the respective conversations with the parties. Prior to arbitration, each party must consent to follow the arbitrator's decision.  If either or both parties disagree with the decision, neither party can take the dispute to court and must abide by the arbitrator's decision.

  • Mediation:  As with arbitration, mediation employs a mediator that listens to both parties of the dispute. The mediator assists the parties in coming to an agreement or to reach a middle ground. Always keep in mind that this is a voluntary process and no one party can force the other to agree to a resolution. This alternative requires both parties to be open-minded and willing to come to an agreement.

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