It is not uncommon for HOA neighbor disputes to arise in communities. These conflicts can quickly escalate without proper handling. While most resolve on their own without board involvement, if a dispute does warrant intervention, it is important to mediate with fairness and consistency.
Most Common HOA Neighbor Disputes
It is normal for neighbors to disagree, especially in an HOA community. They might argue about color palettes, boundary lines, or landscaping. They might also get into spats about a difference in opinion or a mutual friend.
Here are the most common types of HOA neighbor to neighbor disputes.
- Noise complaints, such as loud music, parties, and barking dogs
- Parking issues
- Property line or boundary disputes
- Landscaping or tree encroachment
- Pet violations, such as leash rules, waste, and aggressive behavior
- Architectural or exterior modifications
- Nuisance complaints, such as odors, smoke, and clutter
- Shared element use, such as hallways, amenities, and storage spaces
- Trash and cleanliness issues
- Harassment or hostile behavior between neighbors
Determining HOA Responsibilities in Neighbor Disputes
Not all disputes require board action. Board members must distinguish between personal conflicts and rule-based violations. Typically, personal matters are best left alone, with neighbors reaching a resolution without interference.
To determine whether HOA disputes between neighbors require board involvement, follow the steps below.
1. Check the Governing Documents
First, the board should check the governing documents. The CC&Rs and bylaws, in particular, may guide the board on conflict resolution and whether or not it should step in.
2. Identify Rule Violations
Next, the board should check if the dispute involves a rule violation. If there is a clear breach of the rules, then the board must take action.
3. Determine the Impact on the Community
Even if the dispute isn’t a violation, the board may need to step in if it affects the rest of the community. For example, a disagreement may start between two neighbors but escalate and pull in other members of the association. If it becomes a full-blown feud, with residents taking sides, the board may need to take action.
4. Assess Legal or Safety Risks
If the conflict poses a risk to the health and safety of residents, the board should consider intervening. Moreover, the board should step in if inaction would expose the association to liability.
5. Distinguish Private Matters from HOA Matters
If the dispute doesn’t affect the community, is personal in nature, and is confined to two neighbors, the board likely doesn’t need to get involved. Instead, the board should advise the parties to resolve the problem independently.
Can You Complain to the HOA About a Neighbor?
Homeowners can certainly file a complaint against a neighbor with their association. That said, they should not expect board action if the issue is a matter of personal disagreement. Boards are careful not to overstep, as doing so can create liability and lead to greater conflict.
If HOA neighbor disputes fall under one of the following categories, the board does not need to intervene:
- Purely personal disagreements
- Issues outside the association’s authority
- Lack of evidence or documentation
- Conflicts that are better handled through mediation or other legal channels
How to Handle HOA Neighbor Disputes the Right Way
To address disputes fairly, the board must follow a structured and consistent process. Here are the steps to handle neighbor disputes in HOA communities.
1. Receive and Document the Complaint
Once the board gets word of the dispute, it must keep a record of it. This creates a paper trail and can serve as a reference for future conflicts.
2. Review Governing Documents
The next step is to review the CC&Rs and bylaws to determine whether the dispute is a rule-based violation. If it is purely a personal matter, the board should advise the parties to resolve the issue independently.
3. Investigate the Issue Objectively
After determining that HOA intervention is necessary, the board should dig further. Check whether the issue has merit, document the evidence, and obtain witness statements. It is important to approach this without bias.
4. Apply Rules Consistently Across All Parties
Selective enforcement can void the board’s decision and render the rule enforceable. Board members must always apply the rules equally and fairly to avoid liability.
5. Notify the Involved Parties in Writing
Next, the board should send a written notice to the parties involved. The offender should be notified of their rule violation and any applicable penalties. Meanwhile, the complainant should receive correspondence informing them that the issue is being resolved.
6. Provide an Opportunity to be Heard
Texas law requires associations to provide an opportunity to be heard before levying a penalty for a rule violation. The notice must inform the alleged offender of this opportunity, allowing them to present their case to the board.
7. Make a Decision Based on Policy
Board members should never decide based on personal judgments, vendettas, or opinions. All decisions must be made in line with state laws and the governing documents.
8. Enforce the Decision Without Bias
If the board finds that a violation has occurred, it must enforce the penalty fairly. Typical penalties include fines and a temporary suspension of privileges. That said, in Texas, HOAs don’t have the inherent authority to fine owners. Instead, the governing documents must explicitly grant this power.
9. Document All Actions and Communications
Proper documentation is integral to dispute resolution. This ensures a record of all actions and correspondence, making it easier to track progress or look for precedents.
10. Monitor for Compliance and Follow Up
After issuing the verdict, the board should check for compliance. Has the owner paid their fine and remedied the violation? If not, the board should follow up on the action.
Alternative Methods for Dealing With HOA Neighbor Disputes
Not all conflicts need formal enforcement or intervention. In some cases, alternatives exist.
For one thing, if there is no rule violation, the board can encourage direct communication between the neighbors. Oftentimes, residents go straight to the board because they are afraid of confrontation. Yet, simply opening up a dialogue can resolve the issue.
Another option is to use alternative dispute resolution (ADR), such as mediation or arbitration. These methods are less expensive and far more expedient than a lawsuit. Some communities even require ADR before owners can pursue litigation.
Finally, some disputes arise from ignorance of the rules. Board members can remedy this by promoting community guidelines and reminding residents what’s not allowed.
Getting Professional Legal Assistance
Navigating HOA neighbor disputes is not always easy, especially for amateur boards. Fortunately, an HOA management company can help boards determine if the conflict warrants action in the first place before following due process for internal dispute resolution.
Graham Management offers exceptional HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!
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