How to Deal With Troublesome Homeowners
For many associations, the Board of Directors' most significant issue is not collecting assessments, establishing budgets, or even dealing with insurance claims; it's dealing with demanding homeowners.
Even the most even-tempered folks have "hot buttons." Dealing with the emotions entwined in ownership of one's home can push those buttons and create problems in an association.
Strategies for Dealing with Troublesome Homeowners
In general, cooler heads will always prevail. Even if the owner becomes angry, abusive, emotional, Board members need to remain calm.
No matter how the owner treats the Board/management, treat the owner professionally and respectfully. However, this does not mean that any Board member must become the owner's "doormat" or "punching bag." If a civil conversation is impossible, terminate the conversation.)
If the Board states or guarantees the Association will do something, the Association must follow through—or be ready to explain why it didn't.
Set personalities aside. Each Board member must do their best to address the matter objectively, with confidence that each director would have reached the same decision regardless of whether the owner at issue was his close personal friend and neighbor or the community complainer.
Maintain transparency while still respecting privacy. Owners unaware of what is going on—who think things are done "in secret"—assume then that the Board has "something to hide" and respond accordingly.
Treat complaints against Board members in the same manner as complaints against other owners. The affected director should not participate in the discussion or decision-making aspects of the process but should have the same rights/responsibilities and opportunities to address the complaints as to any other homeowner.
Board members should not receive any "special treatment" under their position as members of the Board.
Pitfalls of Dealing with Problematic Homeowners
There are, of course, pitfalls to dealing with any problematic homeowner. Dealing with difficult owners requires a high level of interaction and attention, which takes time from other Board responsibilities.
Dealing with demanding homeowners can wear Board members down and increase "burnout," turnover, or lack of interest by others in serving on the Board. This problem can impede the Board's ability to function effectively and to tend to Association business effectively and efficiently.
Dealing with all homeowners may seem "harsh" to some owners not directly involved in the matter—especially since they may not have all the facts.
Suppose the Board routinely fails to comply with the governing documents or to treat homeowners with dignity. In that case, it can undermine the credibility of the Board, particularly when it comes to enforcement actions.
When to Consult Legal Action
In some cases, it may be appropriate to consult with legal counsel before taking action. Before imposing a fine, consult counsel to ensure that the Association has the authority to assess a fine (not all do) and that the amount of the fine is both authorized and reasonable under the circumstances.
Some Associations' governing documents set limits on acceptable amounts.
If a hearing is requested, do not assess fines until the hearing is held, the Board decides, and the owner receives a notice of that decision.
Taking legal action or engaging in police protection is an additional cost to the Association, which may or may not be assessable to the offending homeowner depending on the Association's governing documents. Even if it is assessable to the owner, consider whether assessing those expenses may exacerbate the problem.
If the Board takes action that is not compliant with the governing documents, the failure to follow proper procedure could negate the action or, at least, call it into question. If, for example, a notice of a meeting was not provided per the Bylaws, an owner might challenge the validity of the meeting.
Contact Us
Dealing with difficult people—especially in a volunteer position—can be frustrating. Bearing in mind various behavior models can help manage that frustration—and help resolve the matter more quickly and agreeably.
Maintaining good relationships between homeowners and the Board of Directors fosters a sense of community—and neighborliness. Contact Condominium Associates today for advice and more!
