HOA Disputes Between Neighbors
Although we’d love to create a community out of a neighborhood, it’s inevitable that there will eventually be some conflict among neighbors. While most resolution comes from neighbors simply talking it out, there are some extreme cases of harassment where an Association and community management team can step in and help.
Here are some ways your Homeowners Association can bring some comfort to an uncomfortable situation.
When the Homeowners Association Steps In
Generally speaking, Homeowners Associations do not get involved with neighborly disputes. Some HOA neighbor disputes, like excessive noise, can be a violation of Homeowners Association rules and regulations which would then fall under the Homeowners Association’s enforcement actions like any other rule violation.
However, there are some instances of harassment that are protected by the FHA that could require the Association and its management to step in and potentially take legal action. Some instances where harassment crosses FHA lines include harassment based on:
Race
Religion
Sex
Orientation
Family Status
Disabilities
Natural Origin
With proper documentation of the harassment, the Homeowners Association can conclude that harassment took place and take action. The Homeowners Association can help resolve the dispute through several routes including cease & desist notices or even fining.
HOA Mediation
If the dispute was something that started small but began to bleed into the community and create “sides” for each member of the issue, your association can encourage constructive conversation with a 3-way mediation. This is a useful way to get your legal team and association management team involved in the situation and avoiding a lawsuit from either party.
Before taking a step into mediation involving your legal counsel as the mediator, consult with your advisors to make sure this isn’t a step that could put your association at risk.
Questions About HOA Neighbor Disputes? Chaparral Management Can Help!
Sometimes the extent of how involved your HOA Board can get in neighborhood issues can seem gray. Never enter a situation without knowing if your team is legally able to interfere. Chaparral Management is a team of Homeowners Association management professionals that can help you decide when it’s time to take legal action. Contact us today to learn more about our Homeowners Association management services in Houston, Texas.
