Dispute Resolution

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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

While some courts require mediation before trial, it is generally undertaken voluntarily. Mediation is always non-binding, meaning the mediator has no power to decide the case. The mediator’s sole role is to try and negotiate a settlement that both parties

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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

Michigan House Bill 5980 was introduced on October 19, 2016. House Bill 5980 would amend MCL 559.154, Section 54 of the Michigan Condominium Act, and require that all disputes between co-owners and/or the Association, including those that involve the interpretation

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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

In multi-family housing, disputes among neighbors are inevitable. Many times the disputes are minor and can be resolved by the quarreling neighbors without board intervention. Other times, the disputes get personal, linger on for weeks, months, or longer, and have

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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.  The hearing comes two months after a lawsuit filed by several

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Ask Eli: Resolving Disputes With Condo Associations

Question: My condominium association is treating me unfairly, what should I do?  Answer: I receive this question in many forms and will attempt to provide a general road map to deal with association-related conflicts. I enlisted the advice of Tiffany

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The Basics of Homeowners Association Disputes Part 1 – Mediation

HOA disputes are something that we see on a regular basis. Although in a perfect world, none of us would get in disputes with our neighbors, the reality is that disputes between neighbors, or the association and an owner, are

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A new path for resolving condominium disputes (Canada)

Little is currently known about the tribunal envisioned in the recently passed Bill 106, the Protecting Condominium Owners Act. The legislation, which will update current condo laws once proclaimed into force, leaves it to the coming Condominium Authority and regulations

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On-line Condo Dispute Resolution in British Columbia

Effective July 13, 2016, strata (condominium) disputes in British Columbia can be submitted on-line to the Civil Resolution Tribunal (“CRT”). The CRT has been established as a cost-effective and timely way to resolve disputes. “CRT encourages a collaborative, problem-solving approach

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Peace = Power and Mediation is the Path to that Peace

We have all heard the horror stories about the $40,000 parrot, which is what one Corporation spent in legal fees to “evict” an unlawful bird, who it turns out had “flown the coop” anyway. What about the case over a

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Managing Conflict in Your Community Association

When large groups of people try to accomplish a shared goal, differences of opinion are bound to arise. Stifling differences of opinion is never a good idea. Community association management boards and companies that provide on-site community management value various

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The Importance of Mediation (OR)

Engaging in mediation implies that something between the parties has broken down. There’s a disagreement, an argument, a conflict. Mediation provides a mechanism to settle the conflict by conversation and voluntary agreement.   Read the article…………

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9 smart tips on how to handle nasty neighbors

Even the most beautiful home in the most serene town can become a nightmare if you live next door to the wrong kind of people. And dealing with nasty neighbors can be enough to drive even the most peaceable person

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Small claims and strata disputes to move online (BC)

Have a small-claims battle or condo war to settle? In B.C., there’s an app coming for that.  More and more provincial legal services will be going online and soon you’ll be able to use your computer or smart phone, night

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Top county official accused of keying car in neighborhood spat (FL)

After a lifetime in law enforcement, Ron Cacciatore now finds himself on the other end of a criminal investigation, one with roots in the most mundane of South Florida scraps – a homeowner association dispute.   Read the article………….

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How To Avoid Condo Association Problems Before They Begin

As a member of the condo board or property management team, there are going to be some problems that are simply beyond your scope of capabilities. There is no way you can prevent every problem that may ever occur. You

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Role of Good Conflict in HOA Decisions

Chances are that the word “conflict” carries a negative connotation that makes you cringe. But, don’t be put off by conflict among your HOA Board members. If you allow conflict to reign, it can be a source of destruction. Managed

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Appropriate Forum for Condo Association and HOA Disputes in Florida: Arbitration, Mediation or State Court

Determining the correct forum for any given dispute involving a Florida condo association or HOA can be confusing. Often times the board members, licensed managers and unit owners are unsure of where a dispute will be resolved if a party

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How to Avoid a War with the Neighbors

A disagreement between neighbors can escalate quickly. One minute you’re mowing your lawn, the next you’re plotting revenge on the homeowner next to you for parking his car on your freshly cut grass.   Read the article…………….

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Resolving Underlying Conflicts Among HOA Volunteers

Diversity is a source of strength for HOA Boards and committees. Different personalities, skills and experience translate to a variety of problem-solving approaches. Yet, this diversity can also create underlying conflicts. Here are some ways to resolve common issues in

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Can’t We All Just Get Along?

There are certain situations in life that tend to bring out the worst in people, and one of those is when neighbors just cannot seem to get along. Whether at an HOA or condominium, when people of diverse personalities and

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Disgruntled homeowners association resident ordered to pay fee (MI)

A judge ordered a woman to pay $700 she owes to her housing association after she withheld her monthly fee due to her complaints about the association’s operations.  Judge Carrie Fuca of 41B District Court in Clinton Township on Tuesday

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In Arbitration, a ‘Privatization of the Justice System’

Deborah L. Pierce, an emergency room doctor in Philadelphia, was optimistic when she brought a sex discrimination claim against the medical group that had dismissed her. Respected by colleagues, she said she had a stack of glowing evaluations and evidence

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Before You Litigate, Mediate

If you live in a community association, you have probably encountered neighbors failing to act neighborly. It is not uncommon for owners to get into disputes with one another and the association. For homeowners and associations alike, litigation can be

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Avoiding Conflict with the Neighbors

We all can just get along. The key? Communication. It’s often the best way to prevent and resolve conflict before it reaches the legal system. You don’t have to be friends or spend time together to achieve a peaceful coexistence,

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Some States Now Have Associations to Deal With Condo Disputes

Has your homeowner association fined you for painting your house purple? Have you ignored requests to pay annual maintenance fees for your condo’s clubhouse and swimming pool? Has your association refused to let you see its financial documents?   Read the

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Bad neighbours: the good, bad and ugly of strata apartment living

Getting revenge on a neighbour is a day dream that is rarely, if ever, fulfilled.  But one elderly woman succeeded in hosing down a couple in their bed next door for making too many nocturnal noises.    Read the articles…………

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Alternative to What?

Alternative Dispute Resolution or “ADR” is traditionally thought of as an “alternative” to litigation: ways of resolving legal disputes that are generally considered to be simpler, quicker and less expensive. But with many states requiring some kind of ADR after

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3 Steps an HOA Board Can Take to Resolve Disputes in the Association

A homeowners association and its members disagree from time to time. The HOA board must provide the homeowner an opportunity to meet and confer with the board. Members must be provided with a fair, reasonable and expeditious procedure for resolving

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Avoiding Litigation: The Power of Alternative Dispute Resolution

With dozens—sometimes hundreds—of people living in a community governed by neighbors, acquaintances and friends, it should be no surprise that disputes occasionally arise in condo buildings.    Read the article………….

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How does alternative dispute resolution apply to a community association? (CA)

Alternative dispute resolution may consist of mediation or arbitration (binding or non-binding). Neither an association nor an owner may file an enforcement action against the other in Superior Court unless the parties have endeavored to submit their dispute to alternative dispute resolution.   Alternative dispute

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Condo Disputes and Unreasonable Neighbours

Living in a condominium most often involves sharing space with others. Different living styles, customs, religions, ethnicity, ages, food, etcetera, all requires a great deal more consideration and accommodation than the privacy afforded by living in a single detached home

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Appeals court yields pro-builder ruling in construction-defects case

The Colorado Court of Appeals ruled this week that the stipulation in a homeowner association’s bylaws that arbitration be used as the resolution method in construction-defects disputes can’t be removed by the association without the consent of the builder.   Read

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B.C. to introduce online tribunal to settle strata, small claims disputes

B.C.’s Attorney-General says the government is set to introduce Canada’s first mandatory online tribunal system to settle minor disputes involving small claims court and strata councils.   Read more……..

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Homeowners Association Etiquette: Fencing Tips to Avoid Disputes

Can’t we all just get along? In a perfect world, yes, but in a homeowners association or any neighborhood for that matter, people are going to do things that either drive you crazy or are just outright rude. But you

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Avoiding Litigation

In today’s litigious society the threat of a lawsuit is a harsh reality for owners’ associations. Many times litigation can be avoided by taking a proactive approach to governance. Here are 10 hurdles to overcome to survive, or better yet,

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How to Avoid War Between Homeowner Associations and Residents

When Robert Stern moved into the Sedgefield retirement community in Ocean Isle Beach, N.C. four years ago, all he could see was four golf courses, a pool and club house on multiple wooded acres.     Read more………

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Quelling the Quarrel in Your HOA

“Quarrel” has been defined as “the minimum number of people required to hold an argument”. One of the many challenges facing homeowner associations is resolving disputes between neighbors. Noise, parking, garbage, pets, trees, fences and other territorial based conflicts can

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AB 1738 – What’s the Hubbub About the New HOA IDR Law in California?

IDR stands for internal dispute resolution. It’s supposed to help HOAs resolve disputes that arise between boards and owners by providing a default process that calls for a face-to-face meeting to discuss differences. It could be called “informal” dispute resolution,

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What to Do About Simple Neighbor Disputes in a Homeowners Association

When you move into a new home or you welcome new neighbors into the homeowners association all you can do is hope for the best. Just like you don’t get to choose your parents, you usually don’t get to choose

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Constructive Conflict in Your Homeowners Association

While conflict is inevitable in a homeowner association, there are choices about how it’s dealt with. When handled constructively, conflict can create a healthier awareness and better relationships.  Conflict rarely gets better with time. If allowed to fester by avoidance

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Avoiding Lawsuits: Dealing with Friends, Foes and Finances

Parking issues, noisy complaints, pet problems and rental restrictions are the most popular causes of conflicts between residents, the pros say.   Read more……..

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Colorado pushes mediation as solution to HOA disputes

Disputes between community associations and homeowners, not to mention among neighbors in a community, too often have a tendency to start small and blow up into huge messes.     Read more……..

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A Nuisance or Not?

All of us have complained about a loud and noisy neighbor or some other disturbance that we have deemed a nuisance at one point or other in our lives. However, we should all be thankful that none of us reside

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All you Need to Know About the HOA Laws

When members of a homeowners associations’ Board of Directors take office, they often aren’t prepared for what their job will require of them—particularly the legal aspects of being a board member. The average board member will most likely be unaware

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The Spanish Court Two Condominium Association Case and What it Means

Residents and HOAs both have responsibilities and guidelines to follow in order to keep the community a happy and reputable place to live. However, when one side fails to uphold their responsibilities, it doesn’t always mean the other can as

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Why Mediation Works

Community association disputes—whether they involve owner-to-owner, owner-to-board, or association-to-third party—are no different than any other commercial dispute in that the overwhelming majority of them are resolved short of trial, and in many instances, without litigation altogether. But how do combative

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