Secrets to Avoiding HOA Litigation: Part 2

In part 1 of this series, we discussed the importance of creating a culture of fairness to mitigate risk when it comes to conflict escalation and the likelihood of entering into litigation. As you know, litigation is expensive, and it can also be damaging to your association’s reputation. The last thing you want to do is invite more litigation. In this post, we’ll discuss another important way to prevent that from happening and what to do if litigation becomes necessary.

Tip #2: Prepare, prepare, prepare

We all learn from experience, but what’s trickier is to do is anticipate hurdles and have a plan in place to easily jump over them. That’s where preparation and partnering with a legal expert who can walk you through every possible scenario is so valuable.

When you are taken by surprise either from a complaint, a disaster, or other unexpected curveball, you are immediate put in reactionary mode. As we all have likely experienced at one time or another in our lives, when we find ourselves reacting to a problem, we are put on the defensive and can’t work towards a solution nearly as effectively. Our adrenaline is pumping, and we may even end up making more mistakes.

The best preparation starts by anticipating needs. As we mentioned, do your best to exude fairness and understand the concerns of your members. Talk with other experienced board members and lean heavily on the legal advice of your association’s lawyer. By having a plan and documentation in place before an incident occurs, you’ll reduce your risk for litigation as well as set yourself up for success if you do end up finding yourself in litigation.

Complaints and curveballs will happen, but you can be prepared so you are not surprised by them. Our team is ready to help. For expert legal guidance for your association’s needs, get in touch with us at 305-254-4492.