Conflict resolution on estates

One of the biggest selling points of residential estates is that they are removed from the stresses of the ‘world beyond the wall’. So we need to guard carefully against conflict arising within our communities – and we need to deal creatively with any tensions between residents, and between residents and management.

No estate is immune from conflict

There seems to be an increase in tensions and conflict in residential communities, and neighbour relations are becoming stressed. This may well be because more people are living and working from home due both to Covid restrictions, and the increasing acceptance of remote working.

Sometimes the problem is that developers or HOAs promise a certain type of lifestyle through marketing and promotions, but the reality can be somewhat different, and dreams about utopian living arrangements are shattered.

‘Typical disputes between neighbours involve, to name a few, nuisance, parking spaces, and use of shared boundaries,’ says Neil McKinon, attorney and conveyancer at Hammond Pole Attorneys. ‘The most common disputes between neighbours are nuisance and shared amenities, where either neighbour is unhappy with the other’s conduct within the complex,’ he adds.

How do you restore neighbourly love?

Nothing can be more energy-sapping than coming home to what you believe is your sanctuary, but is actually a place of war with your neighbour.

But what can you do to ensure that it doesn’t escalate? Here are a few tips:

• Make sure that this is really a problem: ‘There’s a considerable difference between a neighbour who causes an occasional annoyance with his monthly family braai and one who consistently interferes with your quality of life,’ says Yael Geffen, CEO of Lew Geffen Sotheby’s International Realty.
• Document the problem: Keep a record of the wrongdoing. ‘This way you can evaluate the problem objectively and will have backup when you confront your neighbour and, if it comes to it, when you take legal advice,’ says Geffen.
• Talk it out: Tell your neighbour in an open, honest and polite way what’s bothering you. They may not realise there’s an issue. Avoid complaining on the neighbourhood WhatsApp group – this could make the situation turn nasty.
• Consult other neighbours: ‘Determine if they are experiencing any issues with the same neighbour. If it’s a problem for them too, they may be willing to side with you and help resolve the issue,’ says Geffen.
• Report the issue: ‘Bring the problem to the attention of the homeowners association and see if they can resolve it more easily than you can. If it’s a rented property, you could also contact the landlord for assistance,’ says Geffen.

Homeowners association and body corporate disputes

Conflict doesn’t only arise between individuals. Things can also get heated between individuals and the HOA or the body corporate.

McKinon says: ‘The most common dispute between home owners and housing associations is the non-payment of levies and the management of the estate when it comes to administrative matters. Collection of outstanding levies is the most common of disputes between residents and housing associations, particularly during tough economic times.’

Monthly levies are raised within a complex or estate in order to facilitate the daily expenses of maintaining the estate and preserving the value of properties. While you can object to a levy and not pay, you run the risk of legal action, explains McKinon. ‘As an owner, you are obliged to keep up with the monthly levies and can face legal action by the housing association if you should fall into arrears. Costs and penalties often also apply.’

Resolving disputes with HOAs and the body corporate

If you are in a heated conflict with a homeowners association or body corporate, there are a number of ways you can avoid going to court. For example, some estates have alternative dispute resolution clauses in their constitution, so you can go through this process to end things amicably. Or you could submit a complaint via the Community Schemes Ombud Service (CSOS).

‘The CSOS is available at minimal cost,’ says McKinon, but he adds: ‘When the other party is legally represented, or appears to be a representative of a body regularly involved in disputes of this nature, it is advisable to obtain similar representation.’

Is going to court an option?

It is, but it can be expensive and should be avoided. McKinon says applications to court can cost up to R150,000 over a period of six to eight months.

PJ Veldhuizen, MD of Gillan & Veldhuizen Inc., recommends mediation services before going to court. The cost of mediation varies, but it’s generally in the region of R1,800 to R3,500 per hour.

Besides a reduction in cost, mediation has another advantage – it doesn’t just focus on what the law says, but considers other elements such as deciding what’s best at the time, based on merit and circumstances.

Veldhuizen adds: ‘Few people appreciate that mediation is an answer – a process that will not only salvage good neighbourly relations, but will save a lot of time, money and the possibility of assault charges/jail time for throwing that punch in the heat of the moment!’