CAI, The Usual Suspects, Common Ground, Molly Brennan

CAI (Community Associations Institute)

The Usual Suspects
Common Ground, July/August 2005

Molly Brennan

Meet the Space Cadet, the Complainer, the Hothead, and the Saboteur. Oh, wait—you've already met them. But do you know how to deal with them?

You know the type. Or types. How can you not? It seems no matter where you live or what kind of community you call home, there they are. Side-tracking board meetings with questions of procedural protocol. Finding problems with everyone and everything. Bombarding your manager with haranguing e-mails. Asking—with a straight face—why it's a problem to paint a house iridescent purple and illuminate it with floodlights 24 hours a day.

Easy to spot, difficult to manage, and always the source of frustration, "they" are chronically difficult residents. And if you're like most community managers and board members, you've had it up to here with these at-best-well-meaning-but-misguided souls, and are looking for advice on handling and defusing the tensions and conflicts they produce.

First, the bad news: These folks aren't going away. When you bring together a diverse group of people under one umbrella—in this case an association, where the only thing everyone has in common is often geography—you're bound to come across at least a few difficult personalities, rule breakers, malcontents, or other variety of problem resident. What's more, no matter how annoying their quirks, traits, or disruptive behavior may be, these difficult residents are usually well within their constitutional and association-given rights, and to shut them out would be both draconian and illegal.

Now, the good news: There are constructive ways to manage difficult residents. Below, a group of association veterans share their worst problem-member horror stories, along with advice for handling similar situations. In addition, several industry experts weigh in on how effective communication and various best practices can help preempt trouble and make your association a more harmonious place in general. Of course, it's important to remember that we're talking about nuisance members, not violent or potentially dangerous residents. In those cases, it's important you call the police or turn the matter over to the appropriate authorities immediately. (For more specific advice on dealing with violent residents, see "'Condo Rage'" in the September/October 2004 issue of Common Ground.)

The amazing thing about problem residents is that they're not particularly original. It doesn't matter if you live in a 10-unit building in Portland, Maine, or a large-scale community in Portland, Oregon—chances are you're fighting the same battles and facing eerily similar personalities. In fact, problem-member behavior is so predictable, it's fairly easy to identify the four most common types: the clueless resident (aka the Space Cadet), the whining resident (the Complainer), the hot-tempered resident (the Hothead), and the difficult resident who just happens to be a board member (the Saboteur).

Chances are you'll recognize each of these folks, and if you're not dealing with at least one of them now, you likely have in the past or—sad to say—will soon in the future. So if your patience has run thin, board business is grinding to a standstill, and your attorney's fees are skyrocketing, read on to learn how you can get the best of your worst residents.

Profile 1: The Space Cadet

Name: the Space Cadet

Aliases: the Flake; the Ignoramus; the Crackpot; the Weirdo

Distinguishing characteristics: cluelessness; self-absorption; mostly harmless eccentricity

With her mostly innocuous obliviousness, the Space Cadet doesn't usually set out to ruffle feathers or make waves. But her complete disregard for association bylaws, covenants, and rules is enough to drive you crazy.

Take the all-too-typical case of the fluorescent-green house, which happened in a large-scale community in Florida whose villas and townhouses are all painted in muted earth tones. Residents are obligated to maintain their homes' color, or repaint them one of several hues approved by the association's architectural committee. Bright green is not one of those hues. Nonetheless, according to the association's president, a resident recently decided to paint her entire house a vivid and startling green, then was quite surprised to hear the association had a problem with it.

In this community, and in most associations across the country, every homeowner receives a copy of the bylaws and rules at closing. But according to Jordan Shifrin, Esq., an attorney with Kovitz Shifrin Nesbit, in Buffalo Grove, Illinois, only about 10 percent of the people who buy a home in an association actually read their legal documents, meaning many residents—maybe most of them—have no idea they've violated a rule until after the fact. So, there are a lot of potential Space Cadets out there.

If you see the Space Cadet: "You're never going to make the clueless any smarter," Shifrin says, "and the best you can try to do is to educate members and provide them with as much information as possible, through as many different channels as possible." For example, print and distribute copies of your association's rules and bylaws once a year. It can't hurt to put the information in front of members' eyes as often as possible, Shifrin says. If you can, publish a condensed version that's easier to read and digest—and also cheaper for you to print. If you don't already have one, start an association newsletter or set up a website with daily or weekly updates. (For more tips on communicating the rules to everyone, see "Spell It Out," on p. 32.)

But no matter how you get the word out to residents, make sure the tone is always educational and informative, and never preachy or scolding. "People become numb to negative messages over and over," Shifrin says. For example, run an item in the newsletter that says, "Thanks to everyone who remembered to bring their trash barrels in!" instead of "Don't forget to bring your trash barrels in!"

Of course, no matter how good your newsletter is, or how many times you slip board meeting minutes under everyone's door, there will still be Space Cadets. And when there are, you need to make sure there is a standard and appropriate response. Matt Englert, PCAM, president of R&G Management Company, in Indianapolis, manages 60 communities with nearly 7,000 homes. At each association, violations are handled the same way, whether it's not picking up after a dog, parking in a restricted zone, or ignoring architectural guidelines.

"We send out three letters regarding the violation," Englert says. "The first letter is very polite. It's very general and very friendly and says, 'It's come to our attention you may not be in compliance with the following rule.' Then we give them all kinds of outs. It's very soft." He continues: "The second letter increases the tone a little bit, and says, 'If you don't do something in X amount of days, we will do it at your expense.' Then the third letter is sent [via] certified mail, is harsher still, and states, 'You're still not compliant, and we are going to do X if you don't do it yourself within a specific time frame.'"

You should never vary in your response to a violation, no matter how minor or egregious. Consistency is important, Shifrin says, and so is the congenial tone of the first two letters. Remember: By definition, Space Cadets know not what they do.

Profile 2: The Complainer

Name: the Complainer

Aliases: the Whiner; the Malcontent; the Nag; the Gadfly

Distinguishing characteristics: negativism; pessimism; chronic dissatisfaction

Residents make complaints about all sorts of things all the time. Most often, they're genuinely bothered by a problem and are hoping for a speedy resolution. In the case of the Complainer, however, it seems the process of complaining is as important and satisfying as resolving the complaint. Indeed, when you're dealing with the Complainer, the problem isn't so much misbehavior as constant disruptive behavior.

Consider one small Oregon condominium that, despite having only several dozen units, has seen its fair share of complaints—nearly all of them coming from one resident. According to the association's treasurer, this Complainer files a new complaint about every other week, and has sent board members more than 900 e-mails over the last few years.

While the e-mail deluge is annoying, more problematic is the cost of answering the complaints. Each time the association receives one, its attorney responds via a form letter. "And each time we do that, it costs us money," the treasurer says. "We're a very small association, but more than 25 percent of our legal fees go to dealing with her. We're bleeding money." She adds: "Making it all worse, we have figured out that this person doesn't actually want to have the problem solved. This is someone who is only happy when she has something to complain about."

Often, malcontent residents are isolated or disaffected, and the association, with its many rules, restrictions, and persons of authority, presents an easy target. "Most of these people are bored or lonely," Shifrin says, "or don't feel like anybody listens to them about anything, and this provides them a forum to talk about anything they want to."

If you see the Complainer: While it may be tempting to take away that forum by limiting member input at board meetings or restricting when and how residents can voice their concerns, Jasmine Martirossian, Ph.D., author of Decision Making in Communities: Why Groups of Smart People Sometimes Make Bad Decisions, says that would be a mistake—because, while it might solve the problem of one specific Complainer, it would have a negative effect on the community as a whole. Where would you be if your members had no way to contribute to association debate and discussion? Also, stifling resident input could be illegal. Arizona, for example, recently enacted a law requiring associations to hold open board meetings and provide residents with speaking opportunities.

Instead, what you should do is put parameters and safeguards in place that protect residents' rights but also ensure that a Complainer doesn't dominate board business. Martirossian recommends instituting a policy that requires anyone bringing a complaint to a board meeting to first put it in writing. "If someone speaks up at a board meeting," Martirossian says, "say, 'Thank you very much. Can you put those thoughts in writing for us?' You'd be amazed by how many of those people will go away. It takes considerable effort to sit down and articulate a complaint in a constructive way."

Then, during the course of the board meeting, be sure every attendee knows that there is a strict time limit for speakers. If someone refuses to stop speaking or relinquish the floor, Shifrin says, the board president should make a motion to adjourn. "This requires the chairman to run the meeting with a fair but firm hand and not let it get out of control," he says.

Another strategy is to turn the situation around by asking the Complainer for a solution to the problem. "It's easy to lay blame, but it's much more difficult to lay blame in a constructive way," Martirossian says. "Ask the Complainer what kind of solution are they offering, or what suggestions do they have. You'd be surprised by how much more difficult it is for someone to come up with a solution rather than just whine."

Profile 3: The Hothead

Name: the Hothead

Aliases: the Grouch; the Meanie; the Fanatic; the Rageaholic

Distinguishing characteristics: irritability; hostility; defensiveness; aggression

In her book, Martirossian recounts the tale of Carrie, a homeowner in suburban Boston. The association where Carrie lived allowed only white blinds and curtains, but because Carrie didn't read the rules and regulations, she installed red blinds soon after moving in. The board promptly sent a stern letter demanding that she remove the blinds immediately. Carrie, who felt that the letter was aggressive and insulting, took offense and refused to remove the blinds. The case escalated into an expensive, multiyear legal battle. In the end, Carrie admitted that she probably wouldn't have responded so angrily if she hadn't been so insulted by that first letter. In other words, her inner Hothead was triggered.

"That first contact is so important," Martirossian says. "When we blindside somebody, they get their backs up. I'm a big proponent of resolving matters without punitive measures. That's bound to get more cooperation than when somebody out of the blue gets an aggressive letter about a fine."

In fact, handling all resident matters with kid gloves could go a long way toward avoiding association conflicts, says Mary Avgerinos, a professional mediator with the city of Aurora, Colorado, and the author of Conflict Resolution: How ADR Helps Community Associations. "What would have happened if someone from the board had simply called [Carrie] and said, 'Would you have a half hour at some point this week for coffee?'" Avgerinos wonders. "And then said to her, 'It's a beautiful red, but unfortunately, the rules say this, and I'm so sorry'? Chances are she would have responded immediately, and the legal battle could have been avoided."

Because people are very emotional about their homes, you never know when you're dealing with a Hothead, Matt Englert says. A specific issue might set him off one time but not another, or even set off one Hothead but not the next. Sometimes, as in Carrie's case, it's a violation that gets the blood boiling. But Englert has also seen Hotheads fixate on a particular community issue, such as pool repairs or the hiring of a specific contractor, then try to stir up trouble at a board meeting. Sometimes it's simply an angry lashing-out at the nearest person of authority when, in fact, the community had nothing to do with whatever has upset the Hothead.

If you see the Hothead: As a result, you need to be sensitive, but also straightforward and forthcoming, when notifying residents of a violation. "If you say, 'You're creating a nuisance for your next-door neighbor,' that's going to make somebody angry," Martirossian says. "But if you give specific information about dates, times, etc., it's harder for them to be defensive." Even when a Hothead is right in your face, shouting and waving, it's important you let him voice his opinion. "I think you have to let the homeowner vent," Englert says. "You have to show empathy, and you have to be a good listener. Usually, it's just an isolated incident. They do their venting, and you never see them again."

At the same time, you need to make sure a volatile situation doesn't get out of hand. A Hothead needs to know there are limits. "Sometimes people need to vent, but no one needs to take swearing," Englert says. "I tell my employees, 'You can warn them once. Then after that you can hang up or walk away.'" Likewise, at Leisure World, a large retirement community in Mesa, Arizona, the board recently adopted a rule that officially prohibits residents from abusing association employees and volunteers. When an offense occurs, the resident receives a written warning and faces temporary suspension from common facilities. After the resident receives the warning, he or she can request a hearing before the board, but, according to manager Jon Devner, cmca, that rarely happens. "In 12 years, I've only had two cases where people actually requested a hearing," Devner says. "Usually what happens is, they receive the written reprimand and realize they've done something wrong, and then that's the end of it."

Profile 4: The Saboteur

Name: the Saboteur

Aliases: the Spoiler; the Insider; the Instigator; the Trojan Horse

Distinguishing characteristics:self-interest; insidiousness; subterfuge

Just as the Complainer can sidetrack board business, so too can a more insidious malcontent: the problem board member, aka the Saboteur, whose machinations often produce even graver consequences.

Elbert Boothby, CCIM, CPM, CMCA, president of Boothby Realty, in Birmingham, Alabama, manages 60 associations with approximately 4,000 units. For the most part, Boothby says he can't complain about his communities. The problems he encounters are fairly run-of-the-mill. But at one particular association, Boothby has his hands full with a very difficult board member. Further complicating matters, the person is also the board president. His disruptions and contrary nature have made it nearly impossible for the board to accomplish anything. "He'll protest everything from a paint color to a major capital improvement," Boothby says. "At first the other members of the board thought he was just diligent, but they quickly understood that isn't the case. Now, he'll filibuster anything, and is basically halting business so that nothing is getting done."

Although it seems counterintuitive that a Saboteur would seek a position on an association board, it's more common than you would imagine, Shifrin says. "People sometimes get elected to the board not because they're there for the good of the community, but because they have their own personal agenda," he says. "Maybe they have a particular problem or complaint they want addressed. Or it could be that they're unsuccessful in their career, or they're lonesome, or they have some social problems, and this gives them a feeling of power and belonging to a group."

If you see the Saboteur: Whatever the reason for the Saboteur's presence, the best way to control the situation is by sticking to procedure. "At board meetings, you need to have an agenda, and you have to stick to the agenda," Shifrin says. "Nobody talks unless they're called upon by the chair, and the chair needs to control the discussion. Then, if someone insists in persisting on some issue that you're not discussing, that's when the president should use the gavel and say, 'We're moving on.'"

If, as in Boothby's case, the president is actually the Saboteur, the rest of the board could vote to appoint another board member the "meeting director," or some other title that would take the gavel out of his hand. In an extreme situation, the board could choose to vote off the difficult board member, assuming, of course, that the community's bylaws allow such a thing. Boothby's association decided not to take this route, although its documents do allow it. Another association Boothby manages does not have such a provision, but plans to amend its documents at its next annual meeting.

Even if your association has no formal removal mechanism, the board could still take steps to at least temporarily remove a Saboteur. "Voting off a board member usually requires a referendum and the full participation of the community," Shifrin says. "What a board could choose to do instead is to adopt a rule for suspension, and suspend the problem board member for a definite period of time." Because it's a rule of procedure and not an amendment to the bylaws, such an act grants the board much more leeway. "The board needs to be able to act summarily in these types of situations," Shifrin says, "but they don't necessarily want to seek a referendum, because it could tear the community apart."

Perhaps the least confrontational course of action is a passive one, and that is to simply wait out the Saboteur's board term. Says Boothby of his difficult board president: "I could tell you the number of days left in his tenure."

While difficult residents must be dealt with in ways that accommodate their unique characteristics, it's also important that you take a big-picture approach when addressing them. In fact, you can use the the same skills and strategies that you employ to defuse conflict and settle disputes with the Space Cadet, the Complainer, the Hothead, and the Saboteur to reach out to everyone else. "Without solid relationships and understanding, you'll be fighting an uphill battle the entire way," Avgerinos says. "If you build a rapport with people, you're going to have less trouble in the long run. People don't sue people they like."

Sound too simple to be true? Not necessarily, according to Avgerinos. Yes, apathy is rampant among association residents, the vast majority of whom have no interest in rapport-building and simply want the pool cleaned and the roads cleared. And a good many problem members are so focused on their specific issues or complaints they're rarely interested in anything else, let alone breaking bread with a board member.

But taking just a few simple steps, such as rethinking how you communicate with residents, could make a big difference in overall community relations. "A common-interest community is like a three-legged stool," Avgerinos says. "One leg is a business, one leg is a neighborhood association, and the third leg is a mini government. A lot of times, boards choose to operate as more of a business, so that they can maintain some distance between their residents and neighbors, but that's often a more adversarial approach. I always encourage common-interest communities to remember the other two legs. If you remember that you need to communicate with members—even problem members—as a neighbor and fellow member of a democracy, it could do a lot to minimize problems."

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Molly Brennan is a freelance writer in Highland Park, Illinois.

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RESOURCES: Be Reasonable!: How Community Associations Can Enforce Rules Without Antagonizing Residents, Going to Court, or Starting World War III, by Kenneth M. Budd. Retail: $22. CAI members: $13.20.

Building Community: Proven Strategies for Turning Homeowners Into Neighbors. Retail: $27. CAI members: $16.

Conflict Resolution: How ADR Helps Community Associations (a guide for association practitioners), by Mary Avgerinos. Retail: $25. CAI members: $15.

Decision Making in Communities: Why Groups of Smart People Sometimes Make Bad Decisions, by Jasmine Martirossian, Ph.D. Retail: $40. CAI members: $18.

TO ORDER, visit CAI's online bookstore, or call CAI Direct, at (888) 224-4321.
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SUGAR & SPICE

More tips for dealing with difficult residents

Walk softly and carry a plate of cookies. When notifying residents of violations and infractions, give the first notice in a friendly and gentle manner.

Kill them with kindness. When confronted by an angry resident, don't lose your temper or take the bait. Instead, show genuine concern for the problem.

The power of positive thinking. Keep all resident communication friendly and upbeat, never scolding or accusatory.

The power of one. Designate one point person—either your manager or an appropriate board member—through whom all complaints and resident business must flow.

Put it in writing. If you've got a particularly difficult and litigious resident on your hands, keep a paper trail of all communications. That means limiting phone and in-person conversations.

Turn the tables. Ask compulsive complainers to come up with a solution to their problem, or appoint them to a committee to investigate the situation.

Rule with an iron gavel. Keep board meetings on track and on schedule by sticking to the agenda and limiting open-mic time.