Dispute Resolution

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Be Careful What You Wish For: Arbitration Is Not Mediation (NJ)

A recent decision by the Appellate Division of New Jersey’s Superior Court demonstrates the need for precision in defining what method of alternative dispute resolution (ADR) an association utilizes or agrees to. Carelessly referring to the ADR procedure as an

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Dealing With Difficult People In Your Homeowner’s Association

Living in a homeowner association, there is likelihood of running into someone that is, how should we say it, less than happy. We all have to deal with difficult people at some point. Some focus on what they don’t like

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Homeowner Association Not Bound by Buyers’ Arbitration Agreement With Builder

Claims by a homeowner association against a developer are not subject to arbitration agreements between the developer and individual homeowners, where the claims are pressed on the association’s own behalf, a New Jersey appeals court ruled Thursday in a published

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Managing Conflicts in Your HOA Community

Let’s be honest, there is no way to avoid conflict entirely. Which means at some point your HOA will deal with some sort of disagreement. There are many types of conflict, and just as many dos and don’ts for how

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How to Approach Disagreements With Your Community or Homeowner’s Association

When you purchase a property in a community that’s governed by a homeowners’ association (HOA), you agree to abide by its rules. If for example, you bought a newly built home in a development, or a condominium or townhouse, such

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Withholding Your Maintenance Payments: Do You Have a Right to Do That During a Dispute?

Conflicts between both unit owners and their co-op or condo, or between neighbors, can get ugly pretty quickly. Often due to many considerations–in particular the slow pace of anything in common-interest properties and the general reluctance to spend money–these conflicts

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What Is Alternative Dispute Resolution? (And Why Does the Association Use It?)

Community associations and their members disagree from time to time. When they do, the association board attempts to resolve problems by using a three-step, problem-solving approach called alternative dispute resolution (ADR). It’s an effective and money-saving alternative to the traditional

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What’s a Board to Do? A Guide to Resolving Disputes in Your Community

We have been asked on numerous occasions recently to give guidance to our community association clients about disputes that arise with and between their members. Communities throughout Maryland, and across the country, grapple with these questions every day. Resolving disputes

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How to Handle Neighbor Disputes in Your Homeowners Association

You have two residents in your community who for whatever reason do not get along. Unfortunately they live right across the street from one another!  Your homeowners association manager receives phone calls and emails from these two weekly. Bill calls

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How To Defuse A Conflict

Anyone who’s ever had to defuse a tense work meeting or even a stressful Christmas dinner knows that sometimes thoughtful de-escalation is the best (and often only) way to get what you want. But some of us have hot tempers,

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Addressing Harassment Issues in Community Associations

As is well understood, Community Association Boards are elected to manage the property, affairs, and business of the Association. The Board has the power to enforce obligations of the unit owners and do what is necessary and proper for the

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How to deal with rude neighbors and handle residential conflicts (NV)

Whether it’s a rowdy family with a penchant for playing polka in the wee hours or a bachelor too busy with Tinder drama to tame the shrubs, some neighbors just drive you nuts. Dealing with them can be frustrating, but

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Mediation, Mitigation or Meditation, Which Works Best For An HOA Dispute?

The 3 “M”s. Each has value in and of itself in finding solutions. I published an E-newsletter a few months ago (archived at californiacondoguru.com) on mitigation that was fun. The concept in my mind was triggered by an art teacher

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Mediation and Arbitration Study for HOAs and Condos (NC)

The General Assembly met yesterday (August 3) to consider several issues remaining from the legislative session. Bills that would impact North Carolina’s homeowner and condominium associations weren’t really on the agenda, but one proposal was adopted that has a provision

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Got Conflict? Get Mediation!

Understanding what mediation is, how it works, the benefits for all parties, and the types of disputes that can be resolved with mediation, demonstrates how mediation can be an effective alternative to litigation.     Read the article………….

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No signs of healing in Oakmont as political fallout deepens after pickleball vote (CA)

The political acrimony in Oakmont deepened Tuesday with calls for the president of the homeowners’ association to step down and a surprise call to ask residents to decide — by popular vote — the future of a terminated pickleball court

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HOA board cannot force neighbors to talk

Q: If a homeowners association member has a complaint against another homeowner, and the offending homeowner refuses to discuss the issue, can the complaining homeowner appeal to the HOA board to arrange a meeting between the two parties.  If a

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How to Win a Fight With Your Condo Association or HOA – Without Going Broke

More than 68 million Americans live in community associations, according to the Community Associations Institute, meaning 1 in 5 of us is required to follow the rules and regulations of a condo, cooperative or homeowners association.  According to a 2016

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When the HOA Should Step in to Resolve Homeowner Disputes

Homeowners in your association are bound to get into disagreements at one time or another. It can be tricky for the board to decide when HOA dispute resolution is necessary, or when they should stay out of it and let

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How to Avoid Condo Association Lawsuits

Every Condo Owner – and Board – seeks to live in a harmonious community – one where people have great parties and other events, special assessments don’t happen, and things are great. Unfortunately, that’s not the world we live in.

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Got Condo Conflict? Got HOA Headaches? No cooperation in your Co-Op? Here are 5 Tips & Techniques for Community Dispute Resolution!

Condo conflict driving you mad? HOA headaches wearing you down? No cooperation in your Co-op? How do you fix it? Conflict resolution is the solution! With the right training, education, and resources, Associations can reduce the high cost of conflict

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Injunction Against Condo Owner Illustrates Just How Ugly Things Can Get

The old adage “don’t let one bad apple spoil the bunch” definitely applies in community association living. Unfortunately, conflicts between boards of directors and recalcitrant unit owners are par for the course in associations, so it is incumbent on the

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How To Handle HOA Board Meeting Attacks

Out of the blue, an irate homeowner launches a smear campaign aimed directly at the board. It’s relentless and focused. The motivation may be some personal grievance, hatred of a board policy, disagreement on how the board does business in

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4 Tips Developing a HOA Dispute Resolution Process

Disputes, as much as they are uncomfortable and inconvent, are inevitable amongst homeowners. It is, therefore, important for HOAs to put in place a HOA dispute resolution plan that they can refer to and enforce in a consistent manner when

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6 Easy Steps To Solving Neighbor Disputes Without Your HOA

Some of the most common neighbor disputes include noise, pets, children, your home’s aesthetic, property boundaries, suspected criminal behavior, building violations, and parking.  If you find yourself in one of these sticky situations (and you don’t want to draw the

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8 Of The Most Common Neighbor Disputes (And How To Handle Them

When it comes to living in a community run by a homeowners association, it’s not always “love thy neighbor.”  While HOAs strive to keep a harmonious atmosphere, it turns out that 42 percent of homeowners say they’ve had neighbor disputes,

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PA lawmakers to mull community mediation

Pennsylvania lawmakers will discuss a proposed change Tuesday, to how the state handles disputes within private communities. The state House of Representatives plans to reconsider House Bill 595, which would expand the Attorney General’s power to mediate such cases.  “There

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Accessing Justice from Your Smartphone: The Civil Resolution Tribunal (BC)

Starting June 1, 2017, certain small claims disputes will be adjudicated online rather than in a traditional courtroom in British Columbia, thanks to the Civil Resolution Tribunal (CRT), the first online tribunal of its kind in Canada.  The CRT is

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The Role of the Community Association in Neighbor vs Neighbor Disputes

Neighbor vs neighbor disputes are frequently a part of life in community associations. Common examples may include an owner allowing his dog to use his neighbor’s yard or an owner dumping trash on his neighbor’s yard. Although they may initially

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Four Tips for Resolving Condo Association Disputes

One of the most common issues that a Condo Board member faces is resolving Condo Association disputes. As a Board member, you are a combination of a legislator and an executive, so your job is often the role of mediator,

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How to Handle Conflict: Check Dispute Resolution Requirements

Unfortunately, being a friendly neighbor will not always result in a resolution. Let us assume at this point that you have tried to be positive and work with your neighbor to solve issues which are concerning you. Notwithstanding your best

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B.C. tribunal paves way for cyber solutions to small claims disputes

B.C. residents will soon be able to sidestep a physical courtroom and fight many small claims disputes online.  Starting June 1, the Ministry of Justice says the Civil Resolution Tribunal will begin accepting small claims cases involving amounts of $5,000

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How to Handle Conflict: Try to be Neighborly

Notwithstanding your best efforts and those of other members within the community, conflict is bound to happen. The key to resolving this conflict without the need for expensive attorneys or hateful battles is in how the conflict is addressed.  While

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Maximize Mediation: A Guide to Saving Association Legal Fees

Community Managers wear many hats in their business relationship with the Associations they manage. They act as a liaison, a resource, and a consultant to help the Association Boards they serve to make decisions. Community Managers have the tough job

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Keep the peace in condo land (and avoid going to court) with this lawyer’s tips

On Monday, CBC brought you the story of Jayne Pilot, a Brampton woman who was handed a court summons from her condo board for what she describes as minor backyard infractions — an extra patio chair, and two oversized flowerpots.

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Strategies for Handling HOA Neighborhood Disputes

In every community, there comes a time where there might be a neighbor-to-neighbor dispute. Typically, these differences stem from a noise complaint, landscaping violations, parking violations or a misuse of a common area. In every instance, it is the hope

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How to Judge Condo Association Hearings

You’ve prepared for your hearing and held your hearing – now it’s time for you to decide the outcome. This is the judgment and penalty phase of the hearing process. Unlike the other phases, in this phase, you’re dealing with

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Keeping Condo Conflict Out of Court: The Benefits of Mediation

No one wants strife in their life. We especially want peace where we live. Conflict may be inevitable (in the proximity of Community Association living), but combat is optional. Disputes in Community Associations are disagreements among people. Disagreements can arise

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Maximize Mediation: A Guide to Saving Association Legal Fees

Community Managers wear many hats in their business relationship with the Associations they manage. They act as a liaison, a resource, and a consultant to help the Association Boards they serve to make decisions. Community Managers have the tough job

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Superior Court rules Philly condo residence dispute does not need to go to arbitration

The Superior Court of Pennsylvania said an occupancy agreement, not an operation agreement, was the key document in deciding the fate of a residential dispute action centered around a condominium in Philadelphia’s affluent Rittenhouse Square neighborhood.   Read the article…………….

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Neighbor Annoyances In Your HOA

When people live in close proximity, as with homeowner association common wall living, lifestyle clashes are more likely. Noise is the most common complaint followed closely by odors, health and sanitation issues, cigarette smoke and curb appeal. The board is

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How to Resolve Disputes Over Common Areas in an HOA Community

When homeowners live in close proximity, as in a gated community, condo complex or other HOA-managed community, disputes over common areas are bound to arise. Tempers can flare, leading to unnecessary conflict and problems between residents and Board members. In

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I’ll see you out of court! Alternative options for resolving legal disputes

Alternative dispute resolution or “ADR” was developed over the last twenty years in an attempt to resolve disputes quicker and cheaper than traditional litigation. ADR has two distinct forms: mediation and arbitration.

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Two Sides to Every Story: Sorting Through HOA Disputes (AZ)

From the trivial to the controversial, disputes between homeowners and their HOAs rile up tempers like few other topics in Arizona, whether the argument is about property upkeep, paint color or where homeowners can park their cars.  In Laveen, there

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Proposed Amendment to the MI Condo Act: House Bill 5980 would require mediation of disputes prior to initiating litigation

House Bill 5980 would amend …. the Michigan Condominium Act, and require that all disputes between co-owners and/or the Association, including those that involve the interpretation of the condominium documents, be submitted to mediation

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Don’t lose your home over small dispute with HOA

Q: Recently I got a letter from my homeowner’s association stating that I owe money that I know I paid. My management company is not the easiest to deal with. What specifically do I need to do to clear this

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Requirements to Challenging an Association Election Through Arbitration (FL)

Hardly anything generates more buzz and quarrel within community associations than the annual board of director elections. During the annual meeting and election season, numerous legal inquiries are made regarding the law on the election process, election disputes and challenging

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New Fair Housing Rule: Boards Must be Proactive in Addressing Harassment of Residents

These personal and ongoing disputes will usually make their way to the board level. They present a challenge for the board because they are often “he said, she said” situations

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Department in legal dispute with in-house arbitrators (FL)

The Department of Business and Professional Regulation has rankled several lawyers by holding a hearing Wednesday on whether to seek and certify outside lawyers to handle condominium association disputes.

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Ask Eli: Resolving Disputes With Condo Associations

Question: My condominium association is treating me unfairly, what should I do?

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