Black and Buono Blog

Condominium managers and board members often have large and small issues to deal with. There are irksome events that occur on a daily basis.  Noise complaints are the most common, but there are plenty of other condo disputes: pet problems, unwelcome bicycle storage, garbage in the wrong spot, pool rules, and a host of other house rule infractions that often cause more problems than imaginable.

Often, boards find that attempts to mediate a solution through civil discussion can resolve the dispute without a costly legal battle.

Step 1: Face Time

Before the manager or the board gets directly involved, the first step is to try and to get the owners to solve the problem amicably. Sometimes sitting down and simply discussing the effect the behavior is having on a neighbor or on the building can bring some enlightenment and move those involved to work it out.

Boards often skip this first step, but frequently the problem can be tackled at the very beginning if the two sides can come together without too much inconvenience or pressure.

Step 2: The Mighty Pen

If that doesn’t work, the board can get formally involved as a third party by soliciting a written complaint from the offended party and issuing a letter to the offender asking that the problem to be remedied.

Cover your bases. The board should take steps to protect itself—first by having the complaint corroborated in writing by at least one other owner, and second by preparing for the inevitable backlash from the offender, who may become angry, intransigent, spiteful, and even menacing.

Step 3: A Fine Mess You’ve Gotten Yourself Into

When violators prove to be stubborn, boards often turn to fines to try to bring them in line. These are not generally very effective, though and tend to be capped at low amounts—and board members usually don’t relish the job of forcing their neighbors to pay up. That said, there are some tricks for giving the fines some teeth.

One technique is to allow the fines to accumulate to the point where they equal one month’s association dues, then put the next check toward the fines and render the offender delinquent on their dues. A similar tactic is to deduct the successive fines from the offender’s monthly association dues, running up a deficit on their account.

A more drastic wake-up call to an offending owner is to simply return their checks with a note explaining that they have forgotten to include the fine in their payment amount. It’s a move that shows your board means business.

Step 4: Bring the Hammer Down

In most cases, violators turn into repeat violators, and no amount of financial penalty or polite conversation will sway them. At that point, the board’s trump card is to threaten to place a lien on the violator’s property.

Money talks. A board shouldn’t make this threat idly, because it’s the final arrow in its quiver. When violators are faced with the possibility owing large amounts of legal fees and being unable to sell the condo until the delinquent fines are paid, only the most bullheaded violators will refuse to compromise.

Above all, the board should know that ignoring the problem will rarely work. A board that’s assertive, decisive, and empathetic will be the most effective in resolving complaints between owners.

For assistance from a real estate lawyer in Framingham, MA with experience in condo disputes, contact Black and Buono.

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