Disputes Between Association Members
Neighbor Disputes in Associations: Controversies that Must Include Association Governance
Disputes between neighbors are rarely simple. Even in non-association communities, these conflicts can involve overlapping layers of county codes, municipal ordinances, state statutes, and judicial precedent. Issues such as noise, trespassing pets, intrusive lighting, fencing and barriers, landscaping encroachments, and intentional interference with quiet enjoyment can quickly escalate, with repercussions both legal and personal. All this and more has been seen and handled by the Law Office of Joseph P. Evans.
When those same disputes arise within a homeowners’ association or other common interest community, the complexity increases dramatically.
In association-governed communities across Virginia, Maryland, and North Carolina, a traditional neighbor dispute is overlaid with an additional framework of statutes, regulations, governing documents, and internal procedures. In Virginia, for example, the Virginia Property Owners’ Association Act (“POAA”) and the Virginia Common Interest Community Act (“CICA”) may apply, along with regulatory oversight by the Virginia Common Interest Community Board (“CICB”). Similar statutory and regulatory schemes exist in Maryland and North Carolina. These laws intersect with—and sometimes conflict with—local codes and common law principles.
Beyond that, each community has its own governing instruments: articles of incorporation; declarations of covenants, conditions, and restrictions (“CC&Rs”); bylaws; rules; and architectural guidelines. These documents create contractual obligations among owners and empower the association to enforce compliance. They also establish dispute-resolution procedures that may operate alongside—or discordantly with—state and local law.
Association-based disputes also present unique subject matter not found in typical neighbor conflicts. Issues involving common elements, limited common elements, architectural control and decoration schemata, renovations and alterations, adjoining-unit noise transmission, shared structural components, and enforcement actions by the association itself are particular to common interest communities. A disagreement may seem to involve just two neighbors, but in reality, party to each and every such dispute is the board of directors, management company, and the association’s enforcement apparatus.
The consequences of these disputes can be far-reaching. In addition to legal exposure, there are social, financial, and personal ramifications to consider. The risk of fines, enforcement proceedings, litigation, or strained community relationships adds another layer of pressure. Navigating this multi-faceted labyrinth of statutes, regulations, governing documents, and procedural rules can be daunting—even for experienced attorneys.
Joseph Putnam Evans, the Firm’s Managing Attorney, has developed deep experience resolving these highly-layered disputes throughout the DC metro area’s Virginia and Maryland jurisdictions, as well as in North Carolina. Having handled numerous conflicts between unit owners in association-governed communities, he understands how local law, state statute, regulatory authority, and community governance interact in practice, not just in theory.
Drawing on that experience, Mr. Evans works strategically to protect his clients’ rights and advance their objectives. Whenever possible, he pursues practical resolutions through negotiation with neighbors and with the owners’ association itself. When necessary, though, he is prepared to enforce his clients’ rights through formal proceedings and litigation.
In matters where legal rules, community governance, and personal relationships collide, experienced guidance is essential. The Law Office of Joseph P. Evans provides that guidance, helping clients navigate complexity, manage risk, and achieve durable solutions in even the most challenging neighborhood disputes.