We have written previously on the costs—both in time and money—for homeowners and condominium associations to litigate cases. On one hand, boards of directors have a fiduciary duty to uphold the governing documents of associations, but on the other, the board must investigate alternatives to the divisive nature of litigation. Read more…..
Constructively Managing Conflict in HOAs: Tip #2
For those of you who follow our Colorado HOA law blog, you know that last week I started a series of blog entries aimed at providing tips on how to constructively manage conflict in HOAs. I’m convinced that if homeowners, board members and managers keep these tips in mind, it will give everyone involved a […]
Dealing with Difficult People
Being elected to the Board might have seemed like the hard part, but now that you are behind the wheel expect a lot of ungrateful backseat drivers. Congratulations on your election or appointment to the Board of Directors. Now that you are in charge, everyone will see the wisdom of your policy suggestions, pay their […]
Condominium Dispute Resolution Model for Ontario
In early 2012, the Joint Government Relations Committee of the Association of Condominium Managers of Ontario (ACMO) and the Toronto & Area Chapter of the Canadian Condominium Institute (CCI) formed a Dispute Resolution Sub-Committee. Following is their report:
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 get our communications back under control. Read More……
Before Litigation, Community Associations Should Consider Mediation
The March edition of the King County Bar Bulletin contains the following article that I co-wrote with my paralegal Elizabeth Demong. We argue in this article that community associations and owners should strongly consider engaging in mediation before initiating litigation. Read More……
Neighbor to Neighbor: A Guide to Alternative Dispute Resolution
Can’t we all just get along? It’s a million-dollar question. When people move into a community, they often look for the friendliness and camaraderie that living in an association brings. But with many personalities often butting heads on everyday-living situations, it can often get tense and things can go awry. Read More……
When “No” Means “Maybe”: A Former Board President on Flexibility with Rules
I served for 25 years as the president of my co-op board (and hope to serve on the board again, perhaps). We are a 20-story, 339-unit cooperative building located in the Riverdale section of The Bronx, with a diverse cross-section of people. In my quarter-decade of service I learned many things, but one of the […]
Anatomy of An HOA Dispute Run Amok
After 11 years of battling, a judge has finally resolved an outstanding covenant enforcement dispute which involved many court hearings, a jury trial, two appeals and then a second trial. That’s correct, 11 years of an owner and an association going round-for-round on who was right. Read More……
Difficult People: How Do You Deal with Them?
How do we as humans deal with people who yell and scream at us or refuse to be rational? You know the type, adversarial, manipulative, inflexible, unreasonable, irrational. For most people, the answer is “We don’t”. If given the choice, most of us choose not to work with people like this. We don’t socialize with […]
Some Possible Implications Arising From California Supreme Court’s Pinnacle Decision
On August 16, 2012, our state supreme court issued its opinion in Pinnacle Museum Tower Assn. v. Pinnacle Market Development, Case No. S186149 (Cal. Sup. Ct. Aug.16, 2012). The high court found that CC&Rs mandating arbitration between developers and homeowner associations (HOAs) were enforceable under the Davis-Stirling Act and were not unconscionable in nature. There […]
Privity, Shmivity, Says The California Supreme Court – A Provision To Arbitrate Construction Disputes In Recorded CC&Rs Will Be Honored If Not Unreasonable
Arbitration is a matter of consent, right? Because there can be no meaningful consent between a developer that drafts covenants, conditions, and restrictions containing a provision requiring arbitration of construction disputes, and a homeowner’s association (HOA) that doesn’t yet exist, how can the HOA in such circumstances be bound by the arbitration clause? That was […]
Arbitration Decision Coming Soon
On Tuesday, May 29, 2012, the California Supreme Court heard arguments from both sides in Pinnacle Museum Tower Association v. Pinnacle Market Development, in which the Court will decide whether a homeowners association is bound by an arbitration provision contained in its declaration of restrictions (“CC&Rs”). Read More……
Suit Happens: But Disputes in Communities Can Be Resolved Without Legal Action
Imagine your own family, if you will —each person with his or her unique personality, attitude, experience and background. It’s inevitable that occasionally you might clash with sister Susie, brother Bob or even an uncle or an aunt. In an association or building, hundreds, if not thousands, of people live together, sharing common areas and […]
Using the military or veteran card in HOA disagreements
One of the favorite news stories that the media likes to run (and run and run and run…) is anything that has to do with an HOA/condo and someone who is in the military, has a family member currently serving in the military or is a veteran. This usually has to do with flags or symbols that […]