Arbitration/Mediation

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Arbitration Provisions and Unconscionability

This case is a lesson in: Do what the judge tells you to do.  Ruiz v. Millennium Square Residential Association, Civil Action No. 15-1014 (JDB), out of the U.S. District Court for the District of Columbia, is a fairly staid

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Arbitration Ruling Illustrates Associations Cannot Impose Certain Rules, Prerequisites for Granting of Records Requests by Unit Owner

A recent arbitration ruling over a request to inspect the official records of a condominium association by a unit owner as prescribed under Florida law should serve as a reminder to all Florida community associations that they cannot impose rules

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Valley (AZ) attorney pushes new way to settle HOA disputes

A lot of homeowners feel helpless, when they have a dispute with their home owners association, but it doesn’t have to be that way.  A Scottsdale attorney has created a new program designed to settle community conflicts in a more

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Recent Arbitration Decision Offers Stern Warning to Associations Making Certain Alterations Without a Membership Vote

An arbitration decision rendered earlier this year by the State of Florida Division of Condominiums involving a dispute over alterations approved by a condominium board without a prior meeting and vote of the unit owners did not surprise our firm’s

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A Rose by Any Other Name (Arbitration)

Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value on the

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SC: Court sides with Del Webb, Pulte over Sun City residents

Del Webb Communities and Pulte Homes have notched a victory in the S.C. Court of Appeals over Sun City property owners.  Read More……

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Conflict Resolution Insights: Why Conflicts Escalate

On two recent occasions, I have been involved in interactions that started with a minor miscommunication and quickly elevated to full-blown conflict. In both situations, the other person and I pretty quickly recognized what was happening, and we managed to

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Public Policy Encourages Mediation but Court Decision Says Developers Can Require It

Most community associations and their attorneys would probably agree that mediation can be a desirable alternative to litigation for resolving some disputes. But should associations be required to arbitrate disputes with condominium developers, even if neither the association’s board nor

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What is Mediation?

Mediation is a type of alternative dispute resolution with the goal of finding a solution and reaching an agreement that is acceptable to all parties involved. In some counties, mediation is mandatory and if a case becomes contested, the parties

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