Neighbor-to-Neighbor Disputes
Associations are not obligated to intervene in neighbor-to-neighbor disputes unless there are claims of harassment based on race, color, religion, national origin, sex, familial status, or disability. (Code of Fed. Reg. §100.7(a)(1)(iii))
In one association, neighbors had a long-running dispute that ended in a physical altercation and injuries. The injured parties sued the management company and the association, alleging negligence by both for failing to take steps to prevent the dispute. The association and management argued that they did not owe a duty to contact the police or intervene in the dispute. In a published decision, the Court of Appeals agreed with the HOA and noted that imposing a duty on homeowner associations or their managing agents to intervene and resolve disputes between homeowners would place an untenable burden on them. The Court observed that associations are run by volunteers and made the following observation:
Imposing a duty on homeowners associations or their managing agents to intervene and attempt to resolve disputes between homeowners (or their tenants) would place an untenable burden on these entities. Run by volunteers, they already have enough (and some would argue too much) authority and responsibility. Associations do not have police powers or subpoena power. They cannot compel owners, much less tenants of owners, to sit down and work out their differences, and they cannot adjudicate differences except in the limited context of violations of the association's governing documents. ... Imposing a duty under these facts would leave associations liable for the outcome of such disputes without the tools to prevent them. This would leave ordinary homeowners holding the bag when special assessments were needed to pay judgments or attorney fees. Regent and Greenhouse played no part in the physical altercation at issue here and should never have been dragged into this dispute. (Woolard v. Regent Real Estate Services)
A homeowner association's standard of care is to investigate rule violations and take appropriate action. It does not include mediating, de-escalating, or resolving disputes between neighbors.
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