Being on the board of a Miami condo or Homeowners Association (HOA) means playing a key role in keeping the community enjoyable and harmonious for everyone.
Resident conflicts can be one of the trickiest parts of the job. It’s often tough to decide when the board should step in and when it’s best to let neighbors work things out on their own.
While it might seem smart to avoid getting involved in disputes that could become legal issues, there are times when the board's intervention is necessary—and situations where calling in the association’s general counsel is essential.
The Board's Role in Maintaining Community Standards
A board member’s main job is to enforce the community’s rules and regulations, laid out in documents like the Covenants, Conditions, and Restrictions (CC&Rs) and bylaws. These rules protect everyone's rights and ensure a pleasant living environment. When a conflict involves breaking these rules, it’s the board’s duty to step in. Ignoring rule violations can lead to chaos and dissatisfaction among residents.
Addressing Safety and Security Concerns
Ensuring the safety and security of the community is one of the board's most critical responsibilities. If a neighbor dispute escalates to threats, violence, or other dangerous behavior, the board must act quickly to protect everyone. Ignoring serious issues can create a hostile living environment and put lives and property at risk. In such cases, stepping in isn't just about resolving the dispute; it’s about keeping the community safe.
Preventing Escalation
Getting involved early can stop minor issues from blowing up into major problems. By addressing conflicts promptly and fairly, the board can often mediate and resolve disputes before they reach the point of legal action. This proactive approach helps maintain harmony and reduces the risk of costly, time-consuming legal battles for all parties involved.
Ensuring Fairness and Impartiality
When the board steps in, it helps ensure that conflicts are handled fairly. Neighbors trying to resolve issues on their own can be biased, leading to unresolved tensions and further disputes. The board, acting as an impartial entity, can provide a fair assessment and resolution based on the community’s established rules. This impartiality builds trust in the board’s ability to manage the community effectively.
Protecting the Community's Interests
Some disputes have broader implications that affect more than just the individuals involved. For example, misuse of common areas like the pool or gym can impact all residents. The board needs to step in to protect these shared resources and ensure they’re used appropriately. By addressing such conflicts, the board protects the interests of the entire community.
When to Involve the Association’s General Counsel
Sometimes, despite the board's best efforts, a dispute can escalate or involve significant legal issues. This is when it’s wise to bring in the association’s general counsel. The general counsel can offer legal advice on the best way to proceed, ensuring that the board's decisions comply with the law. Their involvement helps the board navigate complex legal issues, reducing liability risks and making sure actions taken are legally sound.
Encouraging Direct Resolution While Offering Support
While the board should step in for serious conflicts or rule violations, it’s also important to encourage residents to resolve minor disputes on their own. Providing resources and guidelines for effective communication can empower residents to handle minor issues independently. However, the board should be ready to mediate and support resolution efforts if these independent attempts fail.
Upholding community standards, ensuring safety and security, preventing escalation, ensuring fairness, and protecting the community's interests are all key responsibilities of the board. By balancing proactive intervention with support for independent resolution, and involving the association’s general counsel when necessary, the board can effectively manage resident conflicts and keep your Miami condo or HOA community a great place to live.
About the Author Liz Kenneally is a seasoned real estate agent in Miami with extensive experience in the city's dynamic market. Licensed in community association management, Liz specializes in the coveted neighborhoods of Coral Gables, Dadeland, Continental Park, East Kendall, Palmetto Bay, Pinecrest, South Miami, and The Falls. Fluent in both English and Spanish, she ensures smooth transactions for her diverse clientele. Contact her at 786-423-3348 or through the EMAIL AGENT form provided alongside this blog.