Community association disputes? Here’s how to minimize and avoid them | Opinion

Community associations may have a negative image in the minds of many Americans for supposed overzealous rule enforcement, and there is nothing that can disrupt community harmony more than disputes that are perceived to be petty.

However, for most communities to realize the benefits that stem from effective association oversight, some disputes are inevitably bound to arise from time to time. Some of the most typical association clashes involve:

--Matters arising from compliance with state laws and municipal regulations;

--Financial issues, including collections, special assessments and reserves; Rule enforcement, including violations, suspensions and fines;

--Architectural review applications and decisions;

--Amendments to governing documents;

--Maintenance of community amenities, and rules governing their use;

--A perceived lack of transparency, including ineffective communications of association rules, changes and operational procedures to owners and residents;

--Seemingly inadequate responses to residents’ concerns and complaints;

--Meetings and their discussions, agendas and notices;

--Devising, implementing and enforcing new rules and restrictions;

--Renovations and alterations to the common elements or common areas;

--Maintenance of the common elements and areas;

--Board of director election irregularities and concerns;

--Vendor contracts.

The most effective community association boards of directors understand their business decisions will inevitably lead to disputes from time to time, but they should seek to avoid perceived minor or frivolous disputes whenever possible. They should also try to minimize or avoid significant disputes that may negatively impact the association’s operations and sow discord within the community.

By working with highly qualified professionals, associations and their boards of directors can circumvent, or at least be prepared to effectively address, many disputes. Experienced and knowledgeable association property managers, attorneys, insurance agents/brokers, financial professionals, engineers, and others can help associations to avoid potential clashes of all types by making effective use of the proper protocols and resources for board decisions and initiatives.

Committees that are independent of boards of directors are also paramount. Matters such as code enforcement, architectural reviews, fining/compliance, and others could benefit from input and recommendations from committees comprised of association members who are completely independent from the current board of directors and could offer a unique perspective on resolving such matters. In some cases, owners who have experience in a particular field are found to be particularly helpful to boards that are faced with decisions involving areas that are outside of the directors’ personal expertise.

Becoming involved in these and other committees should also be seen as an important step for those who aspire to become future board members of their community. Committees and the meetings they hold, independent of a community’s board meetings, foster effective communication with all participating owners, and provide space for owners to voice their recommendations to the board in an efficient and productive manner. Their use is among the some of the most important traits of the best-run communities, so boards of directors and property managers should make it a priority to recruit and retain devoted volunteers for these vital positions.

Promoting and maintaining civility and mutual respect among fellow board members, owners and neighbors is also vital for associations that wish to avoid disputes. The Community Associations Institute, the leading organization representing the interests of associations, created the organization’s “Civility Pledge” as an effective tool for association directors and managers to plan and begin implementing efforts to build and maintain community civility, harmony and mutual respect.

Boards of directors should consider using the CAI Civility Pledge as a framework to lead their communities through conversations about difficult and complex issues, resulting in decisions that are informed and well balanced. To learn more and adopt the pledge, visit www.caionline.org/civilitypledge.

For Florida condominium associations, state law requires that most disputes be submitted for arbitration before the Division of Condominiums under the state’s Department of Business and Professional Regulation. These proceedings can be effective for addressing most minor clashes, and often all involved parties are well served by resolving the matter at this enforcement stage.

For community association directors and managers, the best approach is to not lose sight of the fact that they are presiding over matters involving residences that, in many cases, represent some of the largest and most personal investments of their owners.

By utilizing committees, creating an environment of professionalism and civility, and working with highly qualified experts of the upmost integrity, communities can be in a better position to avoid, minimize and address the full range of disputes that may arise.

Nicole R. Kurtz is a shareholder with Siegfried Rivera who focuses on community association law and is based at the firm’s Coral Gables office in South Florida. She is a regular contributor to the firm’s association law blog at www.FloridaHOALawyerBlog.com. The firm also maintains offices in Broward and Palm Beach counties. NKurtz@SiegfriedRivera.com, www.SiegfriedRivera.com, 305-442-3334.

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--The real costs of community association lawsuits and how to avoid them

--Ruling shows pitfalls of associations enacting changes without required votes

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--Legislature delivers monumental milestone in evolution of Florida’s condo laws

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--Possible $8 million fraud against Florida community associations is a wake-up call

--Southwest Florida community associations appear to fall victim to massive fraud

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--Electric vehicle chargers at or near top of many condo community wish lists

--Condo terminations take hold as an exit strategy for owners at aging towers

--What’s next for condo-safety reforms after Legislature fails to act?

--All eyes on Florida Legislature for high-rise condo safety reforms

This story was originally published October 7, 2022 at 11:03 AM with the headline "Community association disputes? Here’s how to minimize and avoid them | Opinion."