From time to time, a homeowner will launch a take-no-prisoners war against the Board because of some deeply felt issue. To these folks, the Board represents the Devil Incarnate and is untrustworthy, domineering, irresponsible and worst of all, in control. This is intolerable to someone that wants what they want and they want it NOW! Sometimes, the individual is actually serving on the Board, something which makes matters considerably more onerous.

The blitzkrieg tactics can be relentless. They harangue at Board Meetings, are personally abusive, write poison pen letters to other owners which detail the Board's "crimes" in great detail. They are unyielding and uncompromising. Their objective is clear: to get rid of the Board so that "something better" (usually themselves) will take its place.

Boards under such attack get understandably perturbed. (Hey, I'm a volunteer...I don't need this kind of grief!) Most folks so attacked either flee from confrontation, despair or react angrily. Since this is war and not a simple difference of opinion, there are a variety of retaliations Boards under attack may take:

• Appeasement. Even though the attacker's demands may be unreasonable, there may be an inclination to give them what they want so they'll go away. Remember reading about when England and France gave Hitler Czechoslovakia's Sudetenland to make him go away? It's important to consider the consequences. Know who you're dealing with and whether this is a one issue or a multi-pronged attack. By appeasement, the Board may well open the door for future assaults. Appeasement didn't work against Hitler and won't work here.

• Concession. A concession is different than appeasement. It recognizes give and take within issues without running roughshod over principles. When conceding, the Board should get written agreement on the terms. An example would be allowing a special exception architectural change like a ramp for disability access. The concession is granted only until the resident moves.

• Compromise. When an issue is viewed in extremes, there is room in the middle for both sides to "save face". Compromise may require professional dispute resolution when emotions are running high. Dispute resolution is also useful for defusing vendettas (revenge for a perceived wrong). Professional arbitrators can assist warring factions to "make nice". This is extremely important considering neighbors are involved. While you may not end up friends, establishing mutual respect is essential.

• Don't Return the Volley. One strategy is to refuse to fight. After trying reason, stop responding to inflammatory comments. Fight fire with silence or a statement like, "We obviously disagree on this matter but the Board has voted and we intend to move on to other matters. We hope you will as well" pretty much says it. Prepare to ride out the storm. Most typhoons blow themselves out.

• Responding to Threats. Depending on whether a threat is legal (I'm gonna sue) or physical (I'm gonna punch your lights out) the response is different. An owner or director suing the Board is like shooting yourself in the foot. Assuming that the association has Director & Officers Liability Insurance (which it should), the coverage will pay for a lawyer to defend the Board. The appropriate response might be, "Sue if you must, but insurance covers our legal defense. Who pays for yours?" When it comes to physical threats, waste no time. Call the police. This kind of behavior needs to be stopped cold.

• Fire When Ready. Sometimes, reason "took the last train to the coast" and ain't comin' back. If the attack is coming from a Board director, the Board majority may need to consider stronger alternatives. A renegade director can virtually destroy the whole Board with ongoing strife and conflict. While all directors need not agree on every issue, it is important to yield to the majority opinion. If a director gets "stuck" and refuses to move on, he may need to be culled from the ranks. Once the deed is done, it's important to communicate to the remaining owners about the reasons the action was taken.

• Call the Bluff. If the attack persists, call a special owner meeting to get it all out in the open. The purpose of the meeting should not be to humiliate or point fingers. Often the attacker is shown to be a Lone Ranger and not supported by a majority of owners. Ask for a vote of confidence.

• Bailing Out. Boards under attack may feel the urge to cut and run...resigning "en masse". Sometimes this may be a strategic move to garner a show of confidence from the other owners. However, wholesale resignation generally plays right into the attacker's hand and opens the door for all kinds of radicals to jump on the Board. The welfare of the association depends on level headed and concerned volunteers. Letting a tyrant take control is the last thing you want. Resist the temptation to take the easy way out. Remember your property is at stake. Hold the high ground.

Regardless how you respond, strive for compassion, as difficult as it may be. A compassionate attitude will usually lead to the best resolution for all concerned. Kill the attacker with kindness.

For more information on this subject, see www.Regenesis.net.

Published: March 28, 2001

Use of this article without permission is a violation of federal copyright laws.

Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .