Wiseman: Deal delicately with community disputes

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We made it to 2013, and that Mayan calendar did not mean a thing. My New Year's resolutions include refusing to watch any more TV ads for 1-800-Ask Gary and to never utter the word "Kardashian."

That is about it.

It is that time of the year to count our blessings, and I don't mean that in a hokey "It's a Wonderful Life" kind of way. If you are reading this, at least in print version, you have either earned or been given the right to live in one of the most beautiful places on earth.

I have corresponded with the president of Dolphin Towers, the downtown condo that suffered a structural defect, resulting in the evacuation of the building. She let me know that, against all odds, residents will be back in their homes in early 2014. So not all news is bad. It makes me sure I do not want to drop off any kind of cliff, fiscal or otherwise. Good for these homeowners and investors.

Community associations have to operate as the businesses that they are, but that does not mean being devoid of compassion or empathy. I was taught that everything is negotiable. That may be true. However, I would never advise an association to try to negotiate criminal or financial disputes on their own. Interpersonal issues are a different breed, and I do think it is worth the effort to try to resolve them privately if possible.

It is a fact that many people move from single-family housing to some kind of communal housing, be it a condo or HOA, only to discover that it is not for them. "What do you mean I can't have an inflatable Santa in my front yard?" I know for me that I would prefer to be taken aside privately for an alleged rule violation than be called out for it in public.

When I was a teenager, my parents bought a condo unit on Maderia Beach in Pinellas County. I imagined the board as a group of "condo commandos" who spent tourist season locked in a dungeon-like atmosphere, making up obscure rules designed to drain the fun from all residents. I certainly did not realize that a few short years later, I would be making a living enforcing similar rules. The lawns were littered with "don't walk on the grass" signs, and they objected to my bikini, although it was not anything provocative. I never would have thought to walk on the grass, but the attitude I got from the board made me want to just that, while wearing a T-back.

Reasonable rules must be made and uniformly enforced, and conflict cannot always be avoided. But what does anyone gain from arguing with the persons closest to them, either emotionally, or in the case of associations, geographically, especially if ignorance, rather than willful misconduct, is the cause?

So, in the New Year, I wish peace to everyone who reads this column.

One final thought: "Conversate" is now a real word, according to the Merriam-Webster Dictionary. If that is not a sign of the apocalypse, I do not know what is.

 

Tamela Eady Wiseman is a Florida Bar board-certified real estate attorney with 25 years' experience. The subjects discussed in her columns are not intended as specific legal advice to anyone and are subject to principles that may change from time to time. Questions may be modified for clarity or for brevity. Email questions for possible inclusion in a future column to tew@lawbywiseman.com.

 

Tamela Eady

Tamela Eady is a Florida Bar board-certified real estate attorney with more than 25 years experience, concentrating her practice on community association and real estate legal matters. The subjects discussed in her columns are not intended as specific legal advice to anyone and are subject to principles that may change from time to time. Questions may be modified for clarity or for brevity. Email questions for possible inclusion in a future column to tke@eadylaw.com.
Last modified: January 5, 2013
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