Most communities will experience some form of HOA board conflict. The trick is knowing how to resolve it before it starts affecting meetings, decision-making, and the community as a whole. While board members may not always agree on everything, it is important to present a unified front.
What is HOA Board Conflict?
In a community, HOA board conflict happens when directors have disagreements about decisions, rules, responsibilities, or management styles.
The occasional argument may happen once in a while, but a simple difference in opinion doesn’t necessarily mean the board has a serious conflict. It’s when these conflicts become ongoing and start to affect operations that they become problematic.
What are Common Examples of HOA Board Conflict?
Common examples of HOA board conflict include disagreements over spending, arguments over rule enforcement, personal disagreements, disputes over board responsibilities, conflicts over community projects, disagreements about governing documents, and communication problems.
- Disagreements Over Spending. Board members may have different opinions on the proper way to handle budgets, contracts, reserve spending, or special assessments.
- Arguments Over Rule Enforcement. Directors may disagree about whether a violation occurred or how consistently the association should enforce its rules.
- Personal Disagreements. When directors have personality differences or personal arguments, it can make it difficult to work together.
- Disputes Over Board Responsibilities. Board members may not agree over who should handle certain tasks or how much authority individual directors have.
- Conflicts Over Community Projects. Directors may have different views about repairs, improvements, vendors, or other major projects.
- Disagreements About Governing Documents. Board members may have varying interpretations of the CC&Rs, bylaws, or operating rules.
- Communication Problems. Poor communication can lead to misunderstandings, causing directors to turn on or accuse each other of misconduct.
How Does HOA Board Conflict Affect the Community?
Ongoing board conflict can lead to delayed decisions, disrupted board meetings, reduced homeowner confidence, poor communication, difficulty recruiting volunteers, financial problems, and increased homeowner disputes.
When HOA board members fight, everyone can be affected. Operations, finances, and homeowner relationships can all stall. Here’s a breakdown of the effects.
1. Delayed Decisions
Board members must vote on decisions, which can be delayed when the board is greatly divided. If the board can’t reach a consensus on contracts, budgets, rule enforcement, or other matters, operations may be put on hold.
2. Disrupted Board Meetings
Personal arguments can make meetings longer and less productive. Directors may interrupt each other, revisit old disputes, or focus on personal disagreements instead of the agenda.
3. Reduced Homeowner Confidence
Homeowners may lose confidence in the HOA board when they see directors constantly arguing or criticizing one another. This can make residents question whether the board is managing the association effectively.
4. Poor Communication
Conflict can cause directors to stop communicating directly with one another. Before long, they may withhold important information, whether intentionally or otherwise. This can lead to further misunderstandings and grave mistakes.
5. Difficulty Recruiting Volunteers
When owners see board members always at odds, they may feel discouraged to volunteer for board positions. Even current directors may become frustrated and resign. Many communities already have a hard time attracting volunteers, and HOA board conflict will only make the plight harder.
6. Financial Problems
Disagreements can affect the association’s finances, too. For example, the HOA board may postpone necessary repairs because they can’t reach a decision, which can lead to more expensive repairs later on.
7. Increased Homeowner Disputes
When owners see HOA board members fighting all the time, it may push them to take sides, further dividing the community. Forming factions can create even more tension within the association.
How to Resolve Conflict Between HOA Board Members
To resolve HOA board conflict, it is important to identify the actual issue, review the governing documents, keep discussions focused on association business, use board meeting procedures, listen to different views, use objective information, find common ground, take a formal vote when appropriate, and consider mediation. Let’s discuss each tip below.
1. Identify the Actual Issue
The first step is to determine what the board is actually disagreeing about. Are directors arguing over a policy or a specific decision? Is it because of a misunderstanding in roles? Identifying the root of the problem will help resolve the larger disagreement.
Additionally, directors must learn to separate their own personal feelings from the core issue. Keeping an open mind and an objective viewpoint is a must.
2. Review the Governing Documents
The CC&Rs and bylaws may contain directions for resolving or addressing board conflicts. These documents typically decide what the board can and can’t do, including outlining authority limits and proper procedure. If the documents are unclear, consider consulting an HOA attorney for advice.
3. Keep Discussions Focused on Association Business
Board members should avoid making disagreements personal. Instead, discussions should focus on official matters, and decisions must be made in the association’s best interests. Directors should avoid hurling insults, using a derogatory tone, or personally attacking one another.
4. Use Board Meeting Procedures
Meeting procedures can help keep discussions and decisions on track. The HOA board must always follow its adopted meeting rules, use an agenda, and allow directors to speak without interruption.
5. Listen to Different Views
Every board member should get a chance to explain their concerns. Other directors must listen when someone else has the floor. Remember that listening helps directors understand each other’s viewpoints. It doesn’t necessarily mean that they agree, but it certainly shows respect and professionalism.
6. Use Objective Information
There is no room for personal judgments or biases when discussing association business. The HOA board must focus on the facts and use objective information to guide their decision-making.
7. Find Common Ground
Oftentimes, board members want the same goal but have differing opinions on how to achieve it. This is when disputes typically begin. Instead of focusing on what makes directors different, it helps to identify shared objectives and find a compromise.
8. Take a Formal Vote When Appropriate
Not every disagreement requires unanimous agreement. Board members can express their views, discuss the matter, and vote according to state laws and the governing documents.
In Texas, certain votes must take place at an open board meeting (Section 209.0051). These include votes on fines, dues, and loans, among other things.
If the vote meets the required threshold, then the decision passes. Directors who voted against the proposal must respect the outcome.
9. Consider Mediation
Sometimes, the HOA board can’t resolve a dispute internally. Hiring a neutral mediator can help directors work through the disagreement in a more professional and structured manner.
Can an HOA Management Company Help Resolve HOA Board Conflict?
An HOA management company can provide support when addressing HOA board members conflict.
Management companies often remain neutral third parties. They don’t take sides or get a vote on decisions. Their role is more about assisting the board in carrying out its responsibilities in accordance with state laws and the governing documents.
A professional manager can help the board with dispute resolution, procedural guidelines, and communication. They can provide the documents and information the board needs to make a sound decision.
Harmony Among Leadership
An HOA board conflict doesn’t have to prevent a community from functioning. Directors can resolve disagreements by keeping an open mind, behaving professionally, and following proper procedure.
PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
RELATED ARTICLES:
