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HenryS6 (Arizona)
Posts: 111
Posted:
How do other associations handle neighbor-neighbor complaints?

We received 0 neighbor-neighbor complaints in the first 18 months I was on the board. Then in the last 6 months, we have received 3.

I'm suspecting that as we have become re-energized as an HOA, homeowners are realizing that we actually do stuff and take care of stuff, so when they have a neighbor-neighbor issue, they are now expecting we'll deal with it instead of them handling themselves.

I'm not wanting to get involved in neighbor-neighbor issues. I'm sort of the philosophy that we should have 2 or more neighbors complain about the problem neighbor before we get involved, so we know it's bothersome to the community and not just one person. The other board is silent on this. I plan to discuss it at our next meeting but am looking for some background to prepare for the meeting.
MaxB4
Posts: 3,513
Posted:
Stay out of neighbor to neighbor disputes.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Max you said it all.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MichaelS56 on 09/27/2021 11:05 AM
Max you said it all.

I agree.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Agree with the others. Unless a covenant or rule is being violated, it is not an HOA issue. If laws are being broken, you can let the owner know to contact local authorities as appropriate, or just leave it as "not an hoa issue".

Escaped former treasurer and director of a self managed association.
JerryD5 (Colorado)
Posts: 218
Posted:
I agree....do not get involved. I speak from experience. It won't end well (typically). We had 3 homes in a row; lets call them homeowners A, B and C. The homeowners B had a history of HOA violations (they always fixed them when the PM sent them letters). Also, the husband was on the board and the wife served on our ARC. Homeowners A and C on either side were civil but tensions were starting to come to the surface. Every little thing that Homeowners B did was perceived as a slight. Homeowners A and C asked for the HOA board to host a meeting and mediate a solution. In the interest of harmony, the board agreed and the property manager set up a meeting. It was civil and each of the 3 homeowners got to voice their problems/solutions. Surprisingly, homeowners B agreed to be better neighbors. As we were ending the meeting, the wife matter of factly stated, "oh by the way, we are getting chickens and there is nothing you two can do about it." So much for harmony. Both homeowners A and C sold within the year and homeowners B did get their chickens (short lived as it was). They also sued the HOA (and lost). The wife was removed from her ARC position and the husband lost his reelection bid to the board. Fast forward several years, they are still in the HOA but do not talk with any of their neighbors.
BenA2 (Texas)
Posts: 1,273
Posted:
It depends on what you mean by neighbor to neighbor complaint. If one neighbor makes a complaint that another neighbor is violating the CC&Rs, then I think you have a duty to take take action, at least in so much as you would have taken action otherwise. For example, if piles of garbage are not allowed, you cannot refuse to take action simply because it is only visible to one neighbor or only one neighbor complains.

If the neighbor's action does not violate any CC&Rs then you should stay out of it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BenA2 on 09/27/2021 1:58 PM
It depends on what you mean by neighbor to neighbor complaint. If one neighbor makes a complaint that another neighbor is violating the CC&Rs, then I think you have a duty to take take action, at least in so much as you would have taken action otherwise. For example, if piles of garbage are not allowed, you cannot refuse to take action simply because it is only visible to one neighbor or only one neighbor complains.

If the neighbor's action does not violate any CC&Rs then you should stay out of it.

Sound advice.
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Douglas & Ben.
BobD4 (up north)
Posts: 1,002
Posted:
Just for the record, jurisdictions have choices including to set up adjudicative tribunals to platform online resolution including of direct owner v owner friction. ( Talking : nuisances/interference with enjoyment that appear to potentially trigger governance documents. )

Two Canadian jurisdictions have shown that taxpayer-funded online dispute resolution - adjudicated by lawyers appointed as staff adjudicators - CAN function including amidst COVID-19. This has surprised me.

It's not a chance to win big awards, but rather to culminate in a Tribunal Order that can gain the status of conventional Court Order once so-registered.

Arguably not so popular with junior lawyers & paralegals, who would have handled a lot of such work before, whether or not it ever reached formal litigation . . . Mine was launched initially to resolve records access disputes.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By BenA2 on 09/27/2021 1:58 PM
It depends on what you mean by neighbor to neighbor complaint. If one neighbor makes a complaint that another neighbor is violating the CC&Rs, then I think you have a duty to take take action, at least in so much as you would have taken action otherwise. For example, if piles of garbage are not allowed, you cannot refuse to take action simply because it is only visible to one neighbor or only one neighbor complains.

If the neighbor's action does not violate any CC&Rs then you should stay out of it.
Perfect.

I agree.
MichaelH34 (North Carolina)
Posts: 179
Posted:
What about a CCR rule like the following? It would seem to require the HOA to respond to just about anything a neighbor might complain about.

"5.03 Nuisance. No owner of a Lot or Dwelling shall do or permit to be done any act, or accumulate any items or animals upon his property which is, or may become, a nuisance"
KerryL1 (California)
Posts: 14,550
Posted:
Most CC&Rs have a "nuisance clause." But our GM would not send a courtesy letter to the alleged violator without confirmation by a staff member here. Nor would she call an alley ged violator to a hearing without confirmation by a 3rd party.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MichaelH34 on 10/04/2021 1:24 PM
What about a CCR rule like the following? It would seem to require the HOA to respond to just about anything a neighbor might complain about.

"5.03 Nuisance. No owner of a Lot or Dwelling shall do or permit to be done any act, or accumulate any items or animals upon his property which is, or may become, a nuisance"
I agree with KerryL1 that such clauses are common nationwide.

Yes, the HOA is to investigate; be reasonable in its assessment (per the courts and one heckuva lot of case law on what constitutes a "nuisance"); possibly consult the HOA/COA attorney; and respond as it would with any other alleged violation of the CCRs.
MarshallT (New York)
Posts: 414
Posted:
You've got it right. Stay out of personal disputes. The board should only get involved if the issue impacts the association. If you start receiving complaints from more than one owner about someone else, then it would be reasonable for the board to get involved.
BobS38 (Oregon)
Posts: 57
Posted:
Quote:
Posted By MichaelH34 on 10/04/2021 1:24 PM
What about a CCR rule like the following? It would seem to require the HOA to respond to just about anything a neighbor might complain about.

"5.03 Nuisance. No owner of a Lot or Dwelling shall do or permit to be done any act, or accumulate any items or animals upon his property which is, or may become, a nuisance"

Nuisance should be defined within your CCR's. If not, then your city code and/or State code will have definitions for nuisance.
KerryL1 (California)
Posts: 14,550
Posted:
I disagree with Bob of OR that "nuisance" should be defined in the CC&Rs or in some sort of muni or state code. There are way too many possibilities to list. Here's one set of neighbors dealt with an undefined nuisance on their own.

In our other condo building 50' away from me I could see that a resident installed a bird feeder on their balcony. Soon, birds appeared. I enjoyed watching them feed and sometimes squabble. We don't see many birds in our downtown setting. But a newish fellow director a floor up and one unit west of the feeder emailed to ask if there is "anything that can be done about these damn birds!"

What? Well, I hadn't noticed that they perched on the balcony rails of about 5 other condos to wait their turn or rest, or? With my binocs, I could see white spots all over the dark green tube steel railings. Facing south, the rails bake in the sun all day long. Oohh.

I advised "Mel" to contact his neighbor, whom he does not know, with a polite note under his door, to suggest that "perhaps you aren't aware of this, but...." Or, I added, maybe the 5, one of whom is another director, of you neighbors could write a sweet joint letter to the feeder resident.

He said they'd give it a try. But, "what if that doesn't work?' he asked. I then cited the nuisance clause and explained the PM could send a courtesy letter to cure the nuisance and if he didn't, we could call him to a hearing. I went away for a couple of weeks and when I returned, the feeder was gone. I keep forgetting to ask the other directors what made that resident remove the feeder.

JdW (Texas)
Posts: 40
Posted:
Be careful with neighbor-neighbor only disputes, especially when it's based on written complaints only and without further evidence, such as clearly substantiating audio/video, security patrol reports, or police report references. Depending on what the complaint is, try to get a 3rd (disinterested) party to investigate as much as possible.

A lot of petty stuff happens as board members know and one retaliatory owner will try to draw the board/management company into what is at core a personal conflict. Once you get involved, the complaining owner may accuse the Board or the management company of discriminating against them if you don't do exactly what they want and will then get a lawyer, etc.

MichelleC8 (California)
Posts: 80
Posted:
Exactly as it should be. We had several issues that popped up over the years. Usually the HOA stayed out of it.

One issue we couldn’t ignore was the ones breaking rules or CCRS. Those should dealt with as needed otherwise stay out

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