Top 3 Secrets From A Former HOA Attorney
With almost two decades as an HOA attorney, I would like to think I had seen it all. Then again, as soon as I think I’ve witnessed it all, I talk to a homeowner who shares an outrageous story of conflict that leaves me shaking my head. The bottom line is community living, whether a condominium or homeowner association, brings out the best--and worst--in us all. Inevitably, conflict arises.
As an attorney, I spent my time and energy attempting to extricate my clients from common interest development disputes. Back then I could only wish to have reached owners and board members before they become entrenched in their positions. Today, as a consultant, I have the opportunity to help my clients head off conflict before it arises.
I came up with the following three common themes that may serve to stop conflict in its tracks:
There is almost always “more to the story.” Whenever I hear about a board or owner acting “unreasonably” or “harassing” based on some act or acts, I ask, “What’s going on behind the scenes?” A Board [owner] does not ordinarily act that way unless there’s more to the story. Guess what? There is an underlying issue, protracted history, or other factor or factors that contribute to the source of the conflict. Thus, addressing the underlying issue when it first arises, rather than let it fester into multiple other areas of conflict, can eliminate unnecessary quarrels.
You get “More Bees With Honey Than With Vinegar.” I know, it sounds trite, but it is so true. I also know that when dealing with community living, which often involves the single largest investment in our lives, emotions and egos spike. We do not want to back down; often it’s “about the principle.” As a result, we engage our “adversary” aggressively. But aggression is met with aggression. I’ve found that a cooperative, collaborative approach for resolving HOA disputes is often more effective, quicker, and certainly less expensive than the adversarial route.
Litigation is Expensive. Common interest development lawsuits are not cheap. They often include comprehensive discovery with numerous depositions and voluminous documentation to produce and review. Because emotion—versus objective business decision making—abounds once litigation commences, it is difficult to turn off this passion. It is common for even the most basic HOA lawsuit to spiral in excess of $100,000, or more ,in fees per side. Plus, many cases include a prevailing party attorney’s fee provision, which means high stakes poker—if you lose, you not only pay your legal fees and costs, but the other side’s, as well.
The three points above are not secrets, they are well known truths. If you follow them, you (and your homeowner association) can hopefully stop conflict before it devolves into a full-blown battle.