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 exceedingly common. However, most HOA CC&Rs have provisions to try and resolve these disputes without litigation. Moreover, if the CC&Rs do not have such provisions, the law governing HOA disputes, the Davis-Stirling Act, also has requirements for dispute resolution. Over the decades, mediation has become an increasingly popular tool to resolve disputes. Most real estate contracts contain a mandatory mediation provision. Similarly, almost every set of CC&Rs I have seen also contain one. Finally, the Davis-Stirling Act requires mediation. So, the first question is, what is mediation? Read the article…………….
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