Neighbor-to-Neighbor

Tools for Handling Neighbor to Neighbor Disputes

What happens when your neighbor complains about your trees covering his yard or blocking their view?  Or maybe your neighbor plants trees that block your view? Perhaps your neighbor plays loud music until the early morning hours or has a non-stop barking dog that they refuse to address? What can the  Association’s Board do, if anything, when they receive the call from the affected homeowner?

These types of problems are referred to as homeowner association boards as “neighbor-to-neighbor” disputes. They become defined as such because they are disputes, lodged by one owner against another owner, but generally do not affect either the common areas or more than a few other owners. The behavior may indeed be a violation of the homeowner's association covenants or rules, but the question is whether the association, through the board, has an obligation to step in to help resolve the dispute or take action.

Most of the time, the homeowner association board will determine that if the behavior affects only one, or a small group of owners, it will not use the association’s limited resources to bring an enforcement action. In the past, the Cliffside Beach Homeowner's Association Board has been asked to mediate neighbor disputes as authorized in section 3a of the Declaration of Covenants. Yet section 3a also urges that the neighbors “earnestly and promptly settle the disputes on their own”.  The Board highly recommends the neighbor to neighbor approach as the least costly best approach to problem resolution.

The Board has compiled some suggestions that our members may want to consider in resolving neighbor to neighbor disputes.

Each dispute should be evaluated based on the severity of the situation. First, if the violation is such that it constitutes a crime, a zoning violation or other violation of the local municipal ordinances, the police,  or other code enforcement officer can be called. As you might imagine, this approach should be used judiciously, as it will draw a permanent line in the sand, never to be erased so long as the owners continue to reside in the community.  

Do It Yourself

There are alternatives to police or code enforcement protection. The first alternative includes neighbor to neighbor conversation or negotiation.  The following are some steps that the affected neighbor might want to consider:

1.   Find out the facts. Determine whether this disturbance is a one-time problem or a constant occurrence.

2.  Vent your feelings before you approach your neighbor: Talk to a friend or spouse, whack your bed with a tennis racket or roll up the windows in your car and scream. The goal here is to bring a rational approach to your neighbor, not one that is emotionally charged.

3.  Write it out. Get clear about what is bothering you and what you want to be done.

4.  Figure out who is responsible for the disturbance. You want to negotiate with the proper party.

5.  Talk to your other neighbors and find out whether they share your concern. This is simply for your information; try not to aggravate the situation by building an angry alliance. Maybe they know something about the situation that you're not aware of.

6.   Introduce yourself. Arrange a time to meet with your neighbor and choose a neutral location.

7.  Ease into it. Describe the issue without inflammatory language. Try to avoid putting your neighbor on the defensive right out of the gate.

8.  Create a cooperative atmosphere. Rather than attacking your neighbor, ask for assistance in finding a solution. Listen to your neighbor’s viewpoint. Take appropriate levels of responsibility.

9.   Find common ground and focus on what you do agree on.

10.  Search for a solution that satisfies both parties’ needs. Compromise!

If this personal approach does not yield results, there are some other alternatives, all of which require some type of third party intervention.

The parties themselves could agree to take the matter to mediation. Mediation involves a negotiated settlement between the parties, that once reached, is legally enforceable. However, neither party, as part of the mediation, is bound to any suggestions of the mediator. Many local municipalities provide dispute resolution services for little or no charge. Typically this service is provided by people who have some type of training in mediation or dispute resolution.

Get Some Outside Help

(Reprinted from   http://www.courts.wa.gov website)

Washington State Dispute Resolution Centers (DRCs) help people create solutions to resolve their disagreements. They offer a voluntary, confidential, informal, and non-adversarial alternative to the legal system.

DRCs do not offer counseling or therapy, and they do not give legal advice. DRCs were authorized by the state legislature in the 1984 Court Improvement Act. Each DRC is a private, nonprofit organization or a service of local government.

Most DRCs offer mediation as their primary conflict resolution service. In mediation, a trained, neutral person helps people discuss and resolve problems, or at least narrow and clarify issues. The process encourages joint problem-solving in which people gain an understanding of each other's point of view. Mediation provides a safe environment to talk through issues and feelings and to negotiate a mutually satisfactory solution. The mediator is a professionally trained community member whose role is to assist the parties in communicating and understanding their issues and interests. The mediator is not a decision-maker.

Any civil, nonviolent dispute is a candidate for mediation. Some DRCs also accept criminal cases. For mediation to be successful, every participant must be willing to enter into good faith negotiations.

DRCs also mediate small claims cases and public policy issues. DRCs provide free services or use a sliding fee scale based on income. Contact your local DRC (see listing below) for more information about their services, fees and mediator qualifications.

What Can You Expect from Mediation?

How many of the disputes are resolved?

About 70% of mediations conclude with an agreement.

What is necessary in order to mediate?

• All parties recognize that there is a conflict
• Parties agree to mediate
• Parties agree to follow rules of common courtesy
• Each party must be capable of making a decision and following through with an agreement
• All parties necessary to make an agreement need to attend the mediation

How do I begin the mediation process?

The DRC staff will ask questions about the dispute to help you decide if mediation is appropriate for resolving your case. With your permission, the DRC will contact the other party to listen to their view of the dispute and determine their willingness to participate in mediation.

If all parties agree to participate, the DRC will coordinate a mutually convenient date and time for the mediation.

How can I prepare for mediation?

• Come prepared to listen to the other parties' concerns
• Recognize the limitations in a given situation; i.e., time limits, resources, costs, legal limitations
• Prepare to share all issues involved
• Understand and prioritize what you want and need
• Prepare reasonable and legitimate solutions
• Come ready to satisfy the needs of the other party
• Seek to understand the interests of the other party and what is at stake

Fees vary depending on the type of mediation requested. If more than one session is requested, an additional fee is charged. Please call the Center for a free quote.

How long does a mediation last?

Most mediation sessions take approximately three hours. Depending upon the number and complexity of the issues, more than one session may be needed.

Contact DRC of Kitsap County for more information about their services, fees, and mediator qualifications.

DRC of Kitsap County
9004 Washington Ave NW
Silverdale WA 98383

Phone: 360-698-0968
800-377-6583
Fax: 360-613-1852
Email:  [email protected]
URL:   www.kitsapdrc.org

Other outside remedies are available should mediation not work.  The parties could agree to arbitrate the dispute. Arbitration typically involves a third party decision-maker (not a court), who will make a decision as to what the parties will or won’t do. Submitting a matter to arbitration requires both parties to agree that the dispute will be arbitrated. One party cannot force the other party into arbitration. Like a mediated settlement, an arbitration decision is legally enforceable. 

The very last resort in dispute resolution should be initiating a lawsuit. Lawsuits are (1) time consuming; (2) expensive; (3) public; and (4) emotionally expensive. The result of a lawsuit is often that neither party gets what they want, and the outcome can be similar to calling the police - there becomes a permanent line in the sand for so long as the owners are neighbors.

Disputes in higher density housing (whether in a single-family home community or a high rise condominium) are inevitable. Methods exist to bring about dispute resolution, and each situation should be evaluated on its own merits to determine which process fits. In the end, if the affected owners intend to live in the community for the long term, some type of negotiated resolution will work much better than a resolution imposed by a third party.