Resolving Disputes Between Neighbors in a Homeowners Association

So, you built or purchased your home in a community with CC&Rs and Rules & Regulations thinking they would protect you from neighborhood nuisances such as loud music and barking dogs. Now, you come to find yourself in exactly the situation you wanted to avoid - in the midst of a dispute with the folks next door. To whom do you turn? What, if any, action should you take?

Truthfully, although the Governing Documents of your association provide a great deal of protection from those who would paint their home an irrational shade of magenta or open "Shade Tree Bob's Auto Repair" in their front yard, less tangible nuisances may be more difficult to avoid. Noise concerns, for example, are generally covered under the nuisance clause of most CC&Rs, which normally reads something to the effect of "No homeowner, their visitors or tenants shall do or cause to be done anything which in any manner restricts another resident's peaceful enjoyment of the property." Homeowner complaints, however, that fall under this restriction, particularly those involving noise, are often subjective in the extreme. The Association may send a warning letter to the offending neighbor, which often results in a cross-complaint and the case ends up in a "he said, she said" barrage of finger pointing that leaves the Board of Directors in a complete quandary.

In truth, associations are not usually in any position to mediate disputes between members, nor should they be. Homeowners must make every attempt to work out any issues between themselves. Association managers are often inundated with complaints from homeowners who have never attempted to resolve the issue themselves. Although a letter from the manager regarding a violation of the community restrictions will sometimes encourage a non-responsive owner to seek a solution with their neighbor, all too often it serves only to fuel a minor dispute into a Hatfield & McCoy-style feud.

Your Board of Directors and Community Manager work hard to ensure all members have an equal opportunity to enjoy their home environment, but can become frustrated and overwhelmed when caught in the midst of a dispute without possibility of qualification or quantification. Whenever possible, homeowners should try communication and compromise before running to the Board. Get to know your neighbor, preferably before a disagreement arises. People are more apt to alter their behavior on the request of an acquaintance than on the demand of a stranger. If reasonable and respectful attempts at resolution fail, contact your community manager and legal counsel for advice.