The HOA Board Quarterly Spring 2014 Issue #9 | Page 10

Addressing Neighbor to Neighbor Issues
by James R. McCormick, Jr., Esq.

O

ne major difference between an association and
other corporations is that all of the members of an
association are neighbors. This simple fact creates
most of the emotional aspects of association living.
One misconception held by many people living in
associations is that the association exists to resolve disputes
between them and their neighbors. Owners often demand
that the board take action against a neighbor who has
parties lasting long into the night which keep the owner
up and otherwise spoil their peaceful enjoyment. While
an association should enforce its governing documents, the
decision of whether to enforce a particular rule or covenant
is the board’s to make. More importantly, however, the
association is not a landlord and has no obligation to
resolve disputes between neighbors.
One quality that has been unfortunately lost in communities
today is neighborliness. We bought into any particular
association because we loved the home, the neighborhood,
the school district, the proximity to local areas, etc. If
nothing else, we share these things in common. So why is
it that we generally are no longer “neighborly?”
The answer to this question is more than we can resolve
in this article. The question itself is a poignant example
of a belief we must change. Our home is often our largest
investment. If we cannot live peacefully in our home,
where can we live peacefully? It was not too long ago that
neighbors stopped by to chat or to borrow a cup of sugar. It
was not very long ago that neighbors all pitched in to help
each other and a neighborhood was truly a community.
While we may not be able to determine why this has
changed, we can take actions to change it back.
Dispute has existed as long as mankind itself. Wars have
been waged and fought for hundreds of centuries. So what
makes the current climate different? Perhaps the answer
is the close proximity in which we all live or the additional
stresses we all place on ourselves. Rather than waging war
on our neighbors, however, we should stop and think about
alternate ways of resolving our disputes.
Be the bigger person. Look for steps you can take that
may resolve the issues. As an owner, do not rely on the
association to be your police force. As a board member,
do not allow an owner to use the association as a tool to
harass neighbors. Owners should approach neighbors and
discuss concerns. Bring a bottle of wine or some cookies
to your neighbor and talk about the issues that annoy you.
More often than not you will discover someone that shares
common goals, desires and stresses. Instead of a hated
neighbor you may find a friend.
10 | The HOA Board Quarterly | Issue #9 | Spring 2014

Understanding that the idealistic society does not exist, if
approaching your neighbor in a friendly manner does not
resolve the dispute, more formal action may be necessary.
Rather than attempting to force the association to be your
police force, look into alternate methods of resolving the
dispute. Local agencies exist in most major cities that offer
low-cost mediation or other dispute resolution processes.
Look into these alternatives and make a conscious effort to
resolve your differences in this manner.
Mediation is an alternative dispute resolution process
that, if successful, will achieve a resolution with which
both parties are at least mostly content. Litigation should
be looked at as an option of last resort. While mediation
achieves a result that both parties accept, litigation will
result in one party “winning” and one party “losing.”
Regardless of whether you are the winner or the loser, you
will likely still live next door to your neighbor. Even if you
win, the animosity and sideways glances cast at you by your
neighbor as you arrive home may not be worth the win.
As a board member of an association you must understand
that the association is not intended to resolve disputes
between neighbors. The association was formed to enforce
the governing documents and likely maintain common
areas within the community. The board members must
understand that attempting to resolve disputes between
neighbors is not the proper function of an association.
While the board can encourage owners to resolve disputes,
spending association funds trying to force two neighbors to
like each other is not proper and should be avoided not only
for legal reasons, but for political reasons as well. Unless
the actions of one or both of the neighbors are a violation
of the governing documents, the association should stay
out of the dispute.
By starting with ourselves and our actions, we can return
our neighborhoods to communities and avoid forcing [