Governance & Conflict Resolution

What We'll Cover

• Overview of governing documents
• Sources of Conflict
• Avoiding Conflict
• Resolving Disputes

Governing Documents

• Declaration / CC&Rs
• Bylaws
• Articles of Inc.
• Rules, Regs, Resolutions

Duty to Enforce?

Sources of Conflict

• Violation of governing documents
• Disagreement with Board action
• Neighbor v. Neighbor

Common Violations

• Failure to pay assessments
• Pets
• Parking (RVs, street parking)
• Nuisance provisions

Disputes with Board

Disgruntled Owners

• Appoint to a committee
• Involve the owner in Association activities
• Keep all communications positive, but firm

Neighbor v. Neighbor

• Duty to intervene?
• Authority to intervene?
• Governing document provisions for resolution?

Board Member Conflicts

• Abstaining
• Disclosure
• Continued Service on Board

Management Prospective

Avoiding Conflict

Know Your Governing Documents

Communication

• Communicate often
• Use several methods
• Use positive language
• Allow for owner feedback

Communication Methods

• Open meetings
• Email
• Newsletters (mailed and emailed)
• Member surveys
• Website

Transparency

Resolving Disputes

Mediation

• Mediation styles
• Mediator's authority
• Pre-requisite to litigation

Arbitration

• Binding
• Non-binding
• Court mandated

Litigation

• Typical process
• Litigations costs
• Insurance involvement