A recent article by Keough & Moody, reviewed the role of condo board members in neighbor disputes. Neighbor disputes are a common part of condominium living. Noise complaints, odors, lighting issues, and personality conflicts can quickly create tension between residents, leaving condo boards wondering when they should step in.
The answer often depends on the association’s governing documents and the nature of the complaint.
Here's a quick review of the board's responsibilities to address conflict between neighbors.
When Boards Should Get Involved
Condo boards typically have a responsibility to enforce rules related to nuisance behavior. If complaints involve excessive noise, disruptive odors, or other violations that interfere with residents’ use and enjoyment of their homes, the board may need to investigate and determine whether a rule violation has occurred. This process should include gathering information, reviewing governing documents, and evaluating complaints objectively before taking action.
When It’s Not the Board’s Responsibility
Not every disagreement falls within the association’s authority. Personal conflicts, arguments, or issues involving general courtesy are often matters for the individuals involved to resolve themselves. Boards should avoid becoming mediators in purely personal disputes.
Harassment Complaints Require Attention
When a resident alleges harassment or discrimination related to a protected class, associations may have obligations under the Fair Housing Act to address the issue and help prevent a hostile living environment. In these situations, boards should consult legal counsel promptly.
Successful condo boards understand the importance of enforcing governing documents consistently while avoiding unnecessary involvement in personal disputes. The key is knowing when a complaint is truly an association matter, and when it is not. As with most issues, review of your governing documents is the first step in addressing conflict in your association.
