One of the more difficult situations for HOA boards, managers, and attorneys to handle is the neighbor vs. neighbor dispute. What are HOAs supposed to do when a resident claims another resident is harassing them?
HOA residents often wish to have the HOA leave them alone… except when a neighbor is bothering them. When that occurs, HOA managers and boards are often asked to act against the allegedly offending neighbor, but all too often the other resident also has their own story to tell.
A very recent appellate ruling issued in December 2024, Woolard vs. Regent Real Estate Services provides guidance for HOAs on this issue. Defendants Woolard and Hall were tenants in one unit and Plaintiffs Smith and Thorne were tenants in another unit in the Greenhouse Community Association, a 77-unit condominium association in the City of Orange managed by Regent Real Estate Services. An altercation occurred between the four residents, resulting in significant alleged injuries to one or more of them. After being sued by Smith and Thorne, Woolard and Hall countersued and also named the HOA and Regent as cross-defendants. In their cross-complaint, Woolard and Hall alleged that they had been extensively harassed and that the HOA and management had not met their duties of care toward them. The trial court in 2023 granted a motion for summary judgment in favor of the HOA and Regent, dismissing them from the case, and Woolard and Hall appealed.
The appeals panel ruled that the HOA and its manager did not have a duty to do “’something’ to prevent what turned into an allegedly violent dispute,” which “place an untenable burden” on HOAs. So, the court found that the HOA and management were properly dismissed from the case.
One responsibility that was mentioned was that HOA should investigate the harassment allegations. This is important because only one kind of harassment is the HOA’s concern – harassment due to membership in one of California’s protected classifications under Fair Housing laws. California’s Fair Housing regulations require the HOA to investigate and then do what it can (within the powers it has) to respond to harassment against a resident due to that resident’s membership in a protected class.
The Woolard case helps reassure HOAs and their managers that they are not responsible to prevent or resolve every neighbor-to-neighbor dispute.
However, this does not mean that HOAs should ignore resident complaints of harassment. First, the HOA should investigate the claim to ascertain what is going on. Does the nuisance or harassment behavior affect multiple residents? If so, it might merit HOA involvement to protect the association community. Second, is the alleged harassment based upon someone’s membership in a protected class? If so, the HOA is required to do what it can to stop the discriminatory conduct. However, if the harassment or dispute is simply two neighbors being un-neighborly towards each other, the HOA’s best response may be to offer a volunteer board member to meet with the disputants to try to host a discussion between them.
As the Woolard court opinion stated, HOAs have enough responsibilities already without having to resolve neighbor-to-neighbor disputes.
Remind warring neighbors that they should reconcile – life is too short – and it isn’t the HOA’s job to resolve every dispute.
