June 25, 2010

Complaints from owners in your condominium or homeowners association don't have to stress you out. Use this week's tip to implement a process for handling complaints that will result in happier board members and owners.

"A comprehensive dispute resolution process is critical for associations," says Lisa A. Magill, a shareholder and association attorney at Becker & Poliakoff PA in Fort Lauderdale, Fla. "Remember, the association's members are the owners, and the corporation needs to respond to the needs of the owner members. No association will be able to resolve every complaint every time, but establishing a procedure and then adhering to it demonstrates that the association, and its board of directors, addresses the needs and concerns of the members in a consistent way."

Here's the first step in achieving that goal:

1. Ask that complaints be in writing.

"I like my clients to require that people submit complaints in writing and identify themselves on the complaint," says Magill. "I think it's inappropriate to respond without knowing whether that person is even an owner or community member. If owners feel strongly enough to make a complaint, they should at least identify themselves. In addition, that allows you to have the information to follow up and get more information."

If owners are concerned about being identified, explain why you need the information and tell them you'll try to keep their identity private during the investigation. "You can tell people that if the complaint can be resolved without going into adversarial proceedings, you can maintain the privacy of the person complaining," explains Magill. "If you have to go into adversarial proceedings, the complainant has to decide if the issue is important enough to identify himself."

There's a caveat, however, if your state has open records laws. "Florida has open access to most records, so even that complaint will be considered an official record," explains Magill. "You may want to have a process where a committee member or complaint intake person can call or make an appointment to come by to speak with the owner. You can tell people, 'If you want to maintain your privacy, we'll handle the initial intake on the phone or in person.'"

For more key steps in resolving complaints, see our new article: Six Tips for Handling Homeowners' Complaints Successfully.

Best regards,
Matt Humphrey
President