“Maintaining Order—Managing Conflict in Community Associations” – FLCAJ
Living in a community association sounds simple—you have shared amenities (without the maintenance headaches that go along with it), professionally maintained properties, and social connections and offerings without having to leave your community. However, living in a community association also means shared personalities with differing opinions…and not all personalities are easy to manage. From the chronic rule-breaker and the resident who challenges every decision or questions every act of the board to the director who believes that screaming or belittling is an effective form of communication, difficult people can quickly turn routine governance into daily conflict and chaos. In Florida condominium and homeowners’ associations, where laws, rules, and personalities constantly intersect, having tools to address these situations is not just helpful—it’s essential. The fine line between calm and chaos often comes down to how effectively you manage the people who test the system the most.
The focus of this article is to provide a few “tools” for dealing with “difficult” people for those who manage, administer, or reside in community associations.
- Establish Clear Rules and Policies (and Uniformly Enforce the Same)
The most effective way to handle difficult people is to eliminate ambiguity by adopting written rules and regulations that are specific, enforceable, and consistent with Florida law and your association’s governing documents. In working with all types of communities, I frequently hear board members say, “We are a close-knit community and we all get along. We don’t need rules and policies.” This may be true for now. All it takes is one person who challenges every decision to create turbulence in your community. Written rules and regulations will help set guidelines and procedures (and, sometimes boundaries) for communicating with the board, addressing owner requests or communications, and addressing violations. Having clear and specific rules and regulations avoids potential conflicts that may arise because expectations are unclear or inconsistently enforced.
Having a clear and concise communication policy can help avoid misunderstandings or misinformation. Adopting a communication policy that uses “official” channels of communication (e.g., directing communications to the association’s “official” email, the community association manager’s email, or the mailing address of the association) ensures that all communications are directed to one location, which eliminates the possibility of the association missing an important communication, reduces the chance of a ”he said, she said” dispute, and decreases the odds of communicating mixed messages to owners. As an added benefit, having a structured communication policy helps create a record that will be helpful if a matter escalates into a dispute; it may promote more professional communication; and it may serve to eliminate late night calls or texts to board members.
Once written rules and policies are put in place, enforce the rules consistently. Nothing escalates conflict in a community faster than selective enforcement. Residents will notice if certain residents seem to get a “pass” when other residents are being penalized. Consistent application and enforcement of rules and policies eliminates arguments about fairness and also protects the association legally. If you are not going to enforce a rule or policy, or if you are not going to enforce it evenhandedly, do not adopt it.
- Document Everything
When dealing with difficult individuals, documentation can be your best defense. If you find yourself dealing with a difficult person or with someone who repeatedly violates the written rules and regulations, keep records of any complaints that are received, communications that are received concerning the complaint or violation, and documentation regarding the violation (including any photos, violation notices, or other documentation regarding the “problem”). If complaints or violations are discussed at board meetings, ensure that the minutes reflect enforcement actions taken by the board. Having proper documentation will be beneficial if the dispute evolves into legal proceedings and will help support enforcement actions.
- Meeting Preparations and Expectations—Prepare for Anything and Everything
Preparation is key. When it comes to board or membership meetings, be prepared and on time. Review the meeting agenda in advance to determine if there are any potentially contentious items on the agenda. If anyone is necessary for the meeting, plan to have them present. Develop a code of conduct for the meeting that includes a board member code of conduct, and consistently enforce the rules. Use meetings as an opportunity to advise owners and residents what is happening in the community; hard feelings and distrust can arise when owners feel like they are kept in the dark regarding community happenings. Remember that owners have the right to speak, even at board meetings. However, be prepared to enforce rules regarding owner comments, and be willing to end a meeting (either via a temporary recess or an adjournment) if an owner or director gets out of control and refuses to adhere to meeting or conduct rules
- Avoid Emotional Reactions
Difficult people often thrive on conflict. If you find yourself embroiled with a difficult person, remember not to take things personally, and avoid reacting out of emotion. Rely heavily on the association’s governing documents, rules and regulations, and Florida law; and discuss facts and procedures, not emotions or opinions. Stay calm and professional. Avoid raising your voice, arguing, or responding to a difficult person in an impulsive or defensive manner. Choose your words wisely. Using “neutral” language can help defuse a potentially explosive response. For example, rather than saying, “You are always violating the rules; you refuse to comply,” consider the following: “According to our rules, all animals must be leashed. We have received three documented complaints that your dog is outside without a leash.” One of the best pieces of advice I can give to anyone who lives in a community, serves on the board, or manages a community is to have rhinoceros skin—don’t take things personally. This can be extremely difficult, especially when complaints include personal attacks. However, difficult people often seek attention, resist authority, and have frustrations that are unrelated to the association. Difficult people will look to get a rise out of you and will be secretly (or not so secretly) thrilled if you react with a counterattack. If you change your mindset and remind yourself that you are not really dealing with a personal attack, you are managing processes and operations, it will help put the situation into perspective and will allow you to respond with a detached professionalism. For directors, particularly, remember that the tone of your community starts with the board; set a good example, especially in difficult situations.
- Know When to Call in the Professionals
There are some situations that require outside help. If disagreements arise regarding the laws or the association’s governing documents, call the association’s attorney. If there is a difficult person who is making threats to other owners, board members, or the manager, call law enforcement. Be proactive, not reactive.
Difficult people and situations are inevitable in community association living—but chaos is not. With clear rules and policies, consistent enforcement, proper documentation, and professional communication, you can turn even the most challenging situation into a manageable one. Remember, the goal is not to “win” an argument with a difficult person; the goal is to operate and administer the association in a manner that helps protect and preserve the peaceful enjoyment of the community.
Jennifer Biletnikoff, Attorney, Becker
Jennifer Biletnikoff concentrates her legal practice on the law of community associations, primarily representing condominium, cooperative, mobile home, and homeowners’ associations. She represents community associations located throughout Southwest Florida, including Collier, Lee, Sarasota, and Charlotte Counties. Ms. Biletnikoff is also one of only 190 attorneys statewide who is a Florida Bar board-certified specialist in condominium and planned development law. In addition to her experience as a community association lawyer, Ms. Biletnikoff has litigation experience in covenant enforcement and foreclosure law. For more information, visit www.beckerlawyers.com.
