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Managing Conflicts Harold Coleman, Jr. is senior vice presi- dent of mediation for the American Ar- bitration Association and has also been other units, or common area renovations president of three different association that can have major disruptive effects on boards—so he has seen his share of con- flicts throughout his career. “Any governing grades, or repairs to a building’s mechanical board or managing association that rules systems or utilities. with an iron fist instead of dealing with is- sues with a ‘velvet glove’ really misses the the board nor the management company point and escalates conflict that really could involve the unit owners in decisions which have been contained by being a bit more affect the entire building, do not keep them sensitive,” he says. “Communication is always the first step spect to the building’s finances,” Ciarlo says. with any situation within the HOA as we “Many boards can be secretive, not because encounter any form of dispute,” says Joe they are trying to hide anything, but be- Balzamo, chief operating officer for AR cause they do not want their decisions sec- Management in Mount Arlington and Mor- ristown, New Jersey. “It’s important to have all parties understand what we are actually addressing or discussing.” Actively listening is just as—if not that all tenants understand what’s expected more—important as talking in these dis- cussions, so all parties gain and grasp each other’s specific point of view on the subject. “We have to ensure we have both parties understand what is or could be the options surrounding the deci- sions each party will make,” Balzamo says. “We always try to end with a solution that both parties are happy with. With all the spe- cifics being addressed, it’s always best in any negotiation or deci- sion to have both parties feel like they have someone’s home and they have the right to actually given up something to ensure a peaceful enjoyment. Also—and this is very successful win-win scenario.” Communication Counts To deal with conflicts among unit own- ers, Ciarlo notes that the best practice Management Corp., in Mount Vernon, is to try and create as much of a sense of New York, says when things get heated, community as possible. This can be in the management needs to turn to the bylaws form of a monthly newsletter that updates and stick to the house rules and policies the unit owners on what is going on in the that have been established in ironing out building. “The board can also have quar- terly meetings with the unit owners to ad- dress any issues or questions they might rules are a big help,” he says. “Often when have rather than only deal with this once people do not realize there’s a rule, it gets a year at the annual meeting of unit own- ers,” he continues. “Fostering this sense of issue. people go on the defensive. If some- community and providing regular updates one feels like they are being treated differ- can create an atmosphere where the unit ently than others, they get angry. Examples owners realize they are all in this together of similar situations and how other share- and noise complaints or renovation issues holders or owners were dealt with some- can be dealt with in a rational and civilized times makes someone understand that the manner.” In addition, the board and manage- ment company should try to be transparent and provide the unit owners with as much information as possible to keep them in- formed of the decisions being made and the gal counsel. Or, as Coleman notes, if some- reason for said decisions. If the unit owners they are less likely to challenge them. Another source of conflict concerns ren- ovations. This can be in-unit renovations that are causing noise or dust to enter into residents, such as façade work, hallway up- “We often hear complaints that neither updated, or are not forthcoming with re- ond-guessed by everyone in the building.” Play by the Rules All co-ops and condos should have a clear set of rules and regulations to ensure of them and act in a manner that’s appro- priate for their living situation. Strong com- munication of what’s required is also vital. “Having clear, concise rules helps set expectations for everyone,” says Chip Hoever, vice president of operations for Ma- trix Property Man- agement in North Brunswick, New Jer- sey. “Make sure rules resolve a problem and don’t make them overly burdensome. Remember, this is important—make sure the rules are distrib- uted to the entire community.” Josh Koppel, CMP, president of HSC the disagreements. “Notifications and reminders about broken. Once management deals with the rules are the rules for everyone and are en- forced equally.” When to Call the Lawyer As a last resort and when all diplomatic efforts fail, it’s probably time to bring in le- “It’s always best in any negotiation or decision to have both parties feel like they have actually given up something to ensure a successful win-win scenario.” — Joe Balzamo continued on page 16