Mediation

I have reached the point with my HOA that I have formerly requested mediation. I am wondering how a mediator is selected and what are the things I should be aware of in this process? I am also thinking that maybe I should have just skipped this step because it will result in additional legal costs. Thoughts? I should also comment that they have not responded to my request.

Has this bill passed?

'Unintended consequences for HOAs if the Restorative Mediation bill passes?

SB11-013, the Restorative Mediation bill, continues moving through the Legislature. The intent of this bill is to specifically include this specific kind of mediation as an approved form of dispute resolution under the Dispute Resolution Act, CRS 13-22-302 et. seq.

Restorative mediation has long been popular in the juvenile justice arena. For example, instead of detention, an offender might apologize and provide restorative services to their victim.

It is possible that restorative mediation could be a useful technique for resolving some kinds of community association law suits. However, we are concerned that if this bill passes, it could have unintended consequences for HOAs. Perhaps this bill could give "high conflict" homeowners another tactic for continuing to engage in disruptive behavior with their association, by seeking apologies and restoration for perceived wrongs.

Fortunately, the bill has been amended to limit potential abuse: it REQUIRES both parties to a restorative mediation to agree to participate, and any apology would be inadmissible in future law suits. '

Roger,

Does not request for mediation differ from a committee hearing?

Does either your community documents or state law require the HOA to participate in mediation? If not then there may not be much point in pursuing mediation.

BTW, mediation is not the same as arbitration. Mediation is the use of a third party to come to a mutually acceptable agreement. Arbitration is more court-like and results in an adjudication of the merits of the case.

I would think that mediation would not be well-suited for the nature of your dispute but,if required, should be pursued as one generally must exhaust his administrative remedies before turning to the courts.

I read the document to Just suggest mediation. If I don't mediate what grounds do I sue them on? Maybe file a Declaratoy Judgement to have a judge review the case?

Renee,

If the vehicle parking is on the common area, then the Association probably does have the authority to specify parking restrictions. It may or may not be considered selective enforcement by allowing the Presidents vehicle and not others (depends on how the rule was written).

There was a court case, that I can't locate, which took the approach that if it wasn't in the Covenants then it couldn't just be denied. However, I don't think that will work in this case if you are talking about common area.

Common area. Oops!

Tried that already. They said no. Seems odd to e that they can just adopt rules that are not covered by the Declaration. Many of the R&R,s that I have reviewed for other HOA's are recorded documents. In our case they are not recorded so if they are allowed to continue to had property use restrictions that are not mentioned in the Declaration then how would a property buyer ever know what the restrictions were? Based on things I have read I thought R&R's were just enhancements to things that were in the Declaration?

I think they are concerned that the owners will start parking more recreational items than they want. The area has 3 lakes, snowmobile trails, atv trails etc....... So they passed a rule that limits you to one item that is in season and less than 20 feet. This criteria met the need of the presidents 2place snowmobile trailer. She parks it right in the front of her house off to the side. Owners have been parking recreational items up until they passed this new rule at the end off 2010. Many owners are very upset but no one has really challenged them. We have 3 owners that have put their homes up for sale because this has caused hatefulness between the neighbors. We actually purchased in the area because they had a HOA that would demand neatness but did not restrict the recreational items. Also we are not trying to park a RV it is a 4place trailer. I would accept the new rule if they had gone out o the Owners and did a vote but they insist that they do not need to.

Our covenant does not mention parking of recreational items at all. It does however mention the use of them because it is a recreational area. This community is for the most part a second home mountain community. There is a parking section in the covenants that states no home shall be built without a least two designated parking areas for motor vehicles. And then something about limited parking on the public street during the winter due to snow removal. I don't have the exact words with me but the parking section only addresses those two areas. The property use and restrictions section has great detail around what types of things are restricted and does not mention parking or storing of recreational items. Being that this area is known for it's recreational attributes you would think if it was intended to not be allowed it would be addressed in the covenants. The BOD just added it to the new policy and procedures when they were adding the 9 policies that were required by the Colorado Ommon Interest Ownership Act. This document they created is not recorded so you don't get a copy of it u til after you are already an owner of the property. We bought in this area because after reading the covenants we liked the fact that a HOA would ensure that properties were well kept but it did not restrict the use of recreational items. This is a 60 unit community with dirt roads with very close access to multiple lakes, reservoirs, national forest access, snowmobiling, atv trails....... The area is know for it's proximity to an outdoor lifestyle. The covenants does prohibit horses and that is because one might would think they were allowed if it was not clear they were prohibited. That is why this is so frustrating because the BOD just made a rule to accommodate their recreational parking needs while restricting what others would like. Anyway I have secured a lawyer and am ready to take thenext step but in a manner to minimize the cost I am wondering if mediation is the best step or if it is best to go straight to the courts.

My snowmobile trailer that I am trying to park has no motor so I don't see how motor venicle applies to that. Thanks for your input. They are very stubborn so I think I am off to court. Thanks