Living in a shared community often means that HOA neighbor disputes will arise every now and then. People live close to one another, share common spaces, and follow the same community rules. Because of this, disagreements can happen from time to time. Boards must understand when intervention becomes necessary and how to handle disputes to maintain harmony.
Common Reasons for HOA Neighbor Disputes
One of the perks of living in a homeowners association is a stronger sense of community. Social events, shared spaces, and common contacts force residents into such close proximity.
But residents come from various backgrounds and have different viewpoints. These distinctions can create friction when neighbors have conflicting opinions and expectations.
While some disputes are simple misunderstandings, others stem from repeated rule violations or ongoing tensions. Here are the most common issues between HOA neighbors.
1. Noise Complaints
Noise is one of the most frequent issues between neighbors. Loud music, barking dogs, late-night gatherings, or construction noise can easily disturb nearby residents. If the noise doesn’t stop after a complaint, the situation can quickly escalate.
2. Parking Conflicts
Parking disputes often arise in communities with limited parking spaces or shared parking areas. Residents may complain about vehicles parked in guest spaces, blocking driveways, or exceeding the number of permitted vehicles.
3. Pet-Related Problems
One of the most common HOA disputes between neighbors concerns pets. Residents may complain about barking dogs, pets roaming around without leashes, or owners failing to clean up after their furry friends.
4. Property Maintenance Concerns
Homeowners have a responsibility to keep their homes and yards well-maintained. When a resident fails to fulfill this responsibility, a neighbor may complain. After all, overgrown landscaping and cluttered yards can be an eyesore.
5. Boundary or Landscaping Disputes
Landscaping or boundary issues often lead to HOA neighbor disputes. A resident may claim that a neighbor’s fence, trees, or landscaping is already crossing property lines. Another common complaint is when plants or structures block sunlight or views.
6. Amenity Usage Conflicts
Residents are free to utilize the community’s facilities and amenities, but these can also become sources of conflict. Residents may argue over reservations, guest limits, or rule violations in these spaces.
Should the HOA Intervene in HOA Neighbor-to-Neighbor Disputes?
Not every disagreement between neighbors requires the HOA or condo board to get involved. Most conflicts are just personal matters, which homeowners can resolve on their own. All they have to do is communicate. When both parties are considerate and empathetic, they can usually reach a compromise without help.
Boards should avoid inserting themselves into neighbor disputes that don’t fall within the association’s authority. For example, if two neighbors get into a spat over a betrayal in friendship, the board shouldn’t intervene. That’s already out of the board’s control.
To determine HOA responsibilities in neighbor disputes, it is important to answer one key question: Does the conflict involve a violation of the governing documents? If the dispute concerns the rules, the board is within its authority to address the situation.
Boards should encourage neighbors to settle personal issues on their own. If the conflict escalates to involve verbal or physical threats or attacks, it’s best to call the local authorities for assistance.
How to Handle a Neighbor Dispute in Homeowners Association
When issues between HOA members escalate, and the board determines that intervention is necessary, it is important to approach them with professionalism and structure. Having clear procedures can also protect the association from legal liability.
Here are the steps for dealing with HOA neighbor disputes.
1. Review the Governing Documents
First and foremost, the board should review the association’s CC&Rs, bylaws, and rules. These documents define what conduct is permitted and what constitutes a violation. Most documents also outline conflict resolution procedures.
2. Gather Information
Before jumping into anything, the board should gather information about the situation. Focus on facts, not opinion. This usually involves checking written complaints, speaking with both parties, and inspecting for violations. Documentation is also key here, as proper evidence will help support the board and protect the HOA from liability.
3. Encourage Direct Communication
More often than not, HOA neighbor disputes can be resolved through communication. The board might want to encourage both parties to discuss the issue amongst themselves, especially if it’s minor. Sometimes, conflict is simply the result of a misunderstanding.
4. Send a Notice of Violation
If the board’s investigation confirms a rule violation, the association can proceed with enforcement action. This usually begins with a written notice, along with the opportunity to cure the violation (Section 55.1-1819). From there, the board must allow the owner to attend a disciplinary hearing before imposing a penalty.
5. Enforce the Rules if Necessary
If the violation continues, the board may proceed with enforcement actions permitted by the governing documents. These may include fines, suspension of privileges, or even legal action.
Board members must enforce the rules in a fair and consistent manner. Selective enforcement can render rules void and even lead to claims of bias. This can expose the association and its board to potential liability.
Alternative Dispute Resolution for HOA Neighbor Disputes
If a simple conversation or enforcement can’t fix the issue, the board should consider alternative dispute resolution (ADR). The board typically has two options: mediation and arbitration.
In mediation, the parties present their sides of the story to a third-party neutral. This third party acts as the mediator and attempts to help the parties reach an agreement. That said, parties are not obligated to abide by this agreement as it is non-binding.
On the other hand, arbitration is stricter. Arbitration is binding, and parties must abide by the outcome. In this approach, an arbitrator hears both parties’ cases and examines evidence. The arbitrator makes the final decision.
Because lawsuits are expensive and time-consuming, it is best to pursue ADR first.
A Harmonious Environment for All
Conflicts between neighbors are an unavoidable part of community living, and HOA neighbor disputes can arise for many reasons. While not every disagreement requires HOA involvement, boards must step in when disputes involve rule violations or affect the community as a whole. Of course, the board must follow standard procedures to ensure structure and avoid liability.
National Realty Partners is a leading provider of HOA management services in Virginia. We can help your board manage and enforce the rules. Call us today at 703-435-3800 or request a proposal online!
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