How would you navigate a dispute between tenants over the use of common recreational facilities?

All facilities should have house rules which are known by all parties and consequence management should be applied where transgression against these rules is evident. Therefore, I would apply the penalties prescribed by the house rules

Listen to Both Parties: Begin by meeting individually with each tenant involved in the dispute. Listen attentively to their concerns and try to understand their perspectives on the issue. Review Lease Agreements and Rules: Familiarize yourself with the lease agreements and any rules or guidelines pertaining to the use of the recreational facilities. This will help you determine if there are any contractual obligations or rules that apply to the situation. Gather Information: If necessary, gather additional information or evidence related to the dispute. This might include checking usage logs, reviewing communication records, or speaking with other tenants or witnesses who can provide insight.

Have the affected parties set out their complaints in detail in writing, then follow up by meeting each party separately to understand the issues.

Ma?triser le règlement relatif aux structures récréatives, identifier les besoins des locataires en général et écouter leur doléances en particulier. Réunir l’ensemble des locataires satisfaits et mécontents, faire accepter par une participation collective et active les éléments récréatifs. à noter que rien à l’unanimité n’est accepté mais tout à la majorité est toléré !

Almost all issues can be cured with simple communication. Being empathetic, whether you share the same perception or not, actually goes along way and also like associates, you have to align the goal. The goal should be that all residents enjoy the facility.

If it's in a sectional title scheme, there should be conduct rules registered in the Deeds Office that set out acceptable conduct -- these rules must be fair and apply equally to all owners/occupants.

In South Africa we have a really progressive set of management Act's that set out how the schemes are managed, they also set forth criteria for setting rules, and the application thereof, however here in Ghana there are not such laws, most schemes here are HOA's which have a set of loosely defined guidelines which is used as acceptable management practice, this also defines behavior and conduct.

In our homes we make rules clear at the outset, often starting in the advertising, tten explaining at the viewing so that it's clear. Then should a dispute arise we remind the tenant nicely of what was explained at the outset & usually this goes well.

Es importante determinar la verdadera finalidad de las instalaciones comunes para evitar que se les dé un uso diferente al previsto que pueda resultar en da?os a la propiedad común o molestias a los demás vecinos, los principales conflictos en relación a estos temas casi siempre giran en torno al cuidado de las instalaciones, a la limpieza y a la finalidad que tienen, las pautas de uso tales como horarios, actividades permitidas, invitados, tienen que estar claras desde el primer dia que el inquilino viene al edificio/complejo.

It is very important to explain your lease agreement and go over each detail of your community's rules and regulations AT MOVE IN. This way, you assure that everyone has been made aware of the same conditions.

Arbitration and mediation are two different types of MARD (alternative solutions). The second leaves to parties the opportunity to decide by themselves. Every issue is mostly due to lacks of communication. Arbitration leaves the arbitrator to decide faster than our jurisdiction especially in France. The decision is binding too. Please think about it !

In a sectional title scheme, resolutions that affect a scheme's runnings can only be taken by a body corporate (upon sufficient notice to all members) either at a special general meeting or by round robin.

When a dispute arises, a structured mediation process can be instrumental in reaching an amicable resolution, them understanding the issues and discussing possible resolutions, it's time to implement solutions that address the concerns raised.

An ethical and competent managing agent could greatly facilitate the ongoing communication process between parties in a complex.

Ask the tenants involved to provide detailed descriptions of the issues. Encourage them to share specific incidents, dates, and times. Check any existing documentation, such as lease agreements, community rules, and previous communications regarding the facilities. Spend some time observing the use of the facilities yourself, if possible, to get an unbiased view of the situation.

One of the best ways to even prevent these is to establish “house rules”. At least they can give you a reference to work from.

Monitoring progress is also important, because that way you can see if the rules are being applied as envisioned or they might need revision, in which case they would have to be put through that process to make changes.

Address the dispute by facilitating a meeting with the tenants to understand their concerns, mediating a fair resolution, and establishing clear guidelines for the use of common recreational facilities.