Alternative dispute committee

Started by FernF • 5 replies • 1378 views

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FernF (New Jersey)
Posts: 3

Posted:

I am a brand new board member (secretary) voted in this month. My reason for wanting a board position was to relieve someone else
and have an opportunity to serve my community. I pride myself on my good communication skills and my affinity for people.
Unfortunately my few short weeks as witness to our weekly board meets, my input seems to be pushed aside for more pressing concerns.
Recent assesments&recent storm damage have taken up most of the meetings.Our board has three new members including me. I am the
only women. One new member has an axe to grind prior to this new board. I am ignoring his open inuendo's and focusing on principles
not personalities. 3 out of 5 of us are supporting face to face conversation with oppositional neighbors or "the rule breakers". I'm not one of them.
I am asking my board members to put together an "Alternative Dispute Committee"to hear those in conflict. The board threatens to levi fines
to those offenders but never follows through. Should we develop some other kind of disciplinary committee of homeowners so the board
doesn't have to do all the work involved in running our community? 2 of the 5 are asking me"the good communicator "to be the neighborhood cop.
That is not my intention of being a board member and neighborhood supporter! What's next, in getting people who have been notified via letter of rule breaking,
to get them to change or stop? Knocking on my neighbors door to confront their rule breaking sounds like a recipe for no"LOVE THY NEIGHBOR" energy around here!!!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

In many association the Architectural Committee will handle architectural issues, complaints, fines, etc. This works as the BOD is not playing architectural cop and it leaves a route of appeal if somone disagrees with committee.

My initial thoughts are I think it is a good idea to have a committee to establish and handle Rules Violations with the BOD being the right of last appeal. Maybe call it Rules and Regulations (R&R) Review Committee

Now when it comes to non payment of dues, that is still a BOD issue and the BOD must address that directly or via a hired company but another discussion.

Procedure would be that reported issues/complaints are handed over to R&R Review Committee for their review/action. Their action might be the problem does not exist and/or it gets cured before any fining/discipline action begins. If it does exist and the person refuses to correct/stop, then fining commences. Person cited disagrees, they can then appeal to the BOD.

Committee or not, I would not want nor would I suggest/expect anyone else go knocking on doors when there are issues/problems. All issues should be handled via written communication.

Hope this helps

PaulT6 (California)
Posts: 409

Posted:

Agree with John, forget the face to face issue, send written notice to the OWNER, not the renter. We have two Committees, Architectural Standards which deals with structural issues and a Covenants Committee which deals with behavior related issues such as parking, junk cars, unsightly properties, fire safety, noxious activities, garbage spills,(lots of bears in our area) and so on. Both committees hold hearings and apply fines. The respondant can appeal the Committee's actions to the Board. "Touchy feely" doesn't cut it.

Paul T

JM10 (California)
Posts: 503

Posted:

I'm with Paul. Remember that a HOA (at least in some states) is considered a non-profit corporation. Run it as such, particularly with violation notifications. You don't want it to become a he said, he said sort of mess.

Follow your CC&R, and state laws.

As someone who received a notification, our board kept threatening us with fines for violations of rules that didn't exist, or for things they refused to put on the agenda (e.g. the CC&R requires we ask the board where we can post real estate signs, but when asked, the board refused to put it on the agenda and then later tried to fine us).

Send a written documentation as required by your CC&R and state. You might have a standardized form that is impartial. Our board sent insulting threatening letters that bordered on libel.

Don't be mean. Don't be "touchy feely." Be kind but firm, polite but informative.

PaulT6 (California)
Posts: 409

Posted:

JM said:

"Don't be mean. Don't be "touchy feely." Be kind but firm, polite but informative."

Totally agree, I would add "be consistant", don't get drawn in by personal situations, let the Board be the appeals process. And don't try to second guess what the Board mught do. Follow the rules as written, simple and easy to do.

Paul T

TimB4 (Tennessee)
Posts: 21,059

Posted:

Fern,

It is a good idea to use a committee and save the Board for appeals.

My Association uses the Architectural Committee as the second enforcement option (first being the complainer to actually talk to the individual). Our Board is used to appeal a decision of the Architectural Committee. If they desire to appeal the Boards decision they may take the Association to court.

Hopefully you have a clear enforcement policy in place. If not, this should be done prior to instituting a committee. As a reference, this is our basic procedure:

1) Complaint received and investigated
2) If Complaint is not valid a polite letter back to the complainant is sent explaining why it's not valid.
3) If complaint is valid, a friendly reminder to the violator is sent (verbal or in person)
4) If violation persists, a formal notice is sent via first class mail
5) If violation persists, the member is informed of a hearing before the committee via certified mail
6) Member is informed of hearing results within 7 days of hearing by first class mail
7) If violation persists, the member is informed of a hearing before the board (via certified mail)
8) Member is informed of hearing results within 7 days of hearing by certified mail
9) If violation persists, the board considers legal action

Note: We like to include pictures of the violation in our reminders and violation notices. This way the member can see exactly what the Association is considering a violation.

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