Neighbor to Neighbor A Guide to Alternative Dispute Resolution

Can’t we all just get along? It's a million-dollar question. When someone moves into a community, they often look for the friendliness and camaraderie that living in a co-op or condo association brings. But with many personalities often butting heads on everyday living situations, it can often get tense and things can go awry. Neighbors argue with each other, boards complain about residents and residents complain about boards. Minor issues can often be settled quickly and cordially without involving anyone beyond the disagreeing parties. But that's not always the case. And when it isn't, things get tricky.

Alternative Options

Many disputes can arise between residents—anything from noise and assessments, to common area usage or differing interpretations of bylaws, says Matt Lacy, a liaison for the American Arbitration Association (AAA). Problems between residents have a greater chance of being resolved quickly since property managers can act as a third party. A good property manager can often use his or her authority within the building to resolve an issue without the need of outside help.

Disputes between residents and boards can be more complicated. Emotions can run high if residents feel wronged by a board's use of their authority, and if a resolution can't be reached, the use of a property manager as a third party can also prove to be problematic, since managers by necessity work closely with boards, and may give residents the impression of partiality to board concerns. Due to such conflicts of interests, the opposing parties are often better off seeking outside help in such a situation.

Alternative dispute resolution (ADR for short) has been gaining popularity in recent years as an effective problem-solving method—partly because of its results, and partly because of the logjam of court cases already wending their way through the system. ADR can be a powerful tool to cut through red tape and legal entanglements to get real results. Some states like New Jersey require ADR as an alternative before heading off to court.

While New York doesn’t require it, the New York City Bar Association (ABCNY) offers a program for co-ops and condos, sponsored by its Committees on Cooperative and Condominium Law and Alternative Dispute Resolution.

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2 Comments

  • I agree a good Managing Agent can resolve tenant dispute or at least reduce it. What if you have a managing agent that increases the chaos with neighbors. Here we have this case. The shareholders are not able to get rid of her because she owns the board and the board members have a large % of shareholdings in the co op. shareholders have been very frustrated. Many of us cannot even sell the coop because the maintenance is so high.
  • Katherine Popaleni, M.A., Q. Med. on Monday, May 27, 2013 9:37 AM
    Having a conflict management system in place is prudent, but oftentimes participants don't have the capacity to engage with one another productively. We make an assumption that folks have these skills. Very often ... they don't. Having a program in place within co-ops or condos that teaches people about the dynamics of human communication in conflict and how to manage conflict before it happens is an additional strategy that can mitigate conflict or help participants be more effective when they engage in a full fledged mediation.