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KarenC15 (Florida)
Posts: 118
Posted:
A year ago I mediated an issue with my HOA through HUD. We had a signed conciliation agreement that was subsequently violated. Some provisions were not done, some not completed in time and other provisions partially completed. The person who signed the agreement is talking openly about the provisions with new board members and others not present in mediation and recently announced that I did not get my way during the mediation and there was no need for mediation to begin with. Now, this is not true. The association was allowed to prevent lawsuit and avoid an admission of wrongdoing by signing the conciliation agreement, with the agreement that negotiations were confidential. Now, this person on the board is openly sharing his "opinion" of things a year later and not telling the truth about what caused the entire problem to begin with. Has anyone had experienced with a violated conciliation or subsequent bullying and harassment by your board?

Hatred is contagious, so one should work to avoid it.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Karen,

The mediation agreement should have had a consequence for any violations of a confidentiality agreement. It would be up to the parties involved (not the mediator) to take action on such breach.

DaveD3 (Michigan)
Posts: 796
Posted:
As with other topics... WHAT IS IN THE DOCUMENT?
We can't very well provide any sound advice or opinion regarding documents on which we have no knowledge.
MatthewW4 (Arizona)
Posts: 500
Posted:
Karen,

Since there was a breach of a conciliation agreement brokered through HUD, why have you not sought relief from HUD by reopening the case?
KarenC15 (Florida)
Posts: 118
Posted:
I had spoken with them and was told a few months ago it was still "on someone's desk." HUD was very helpful and supportive and closed another case here on our property recently as well. I know my board was arguing that the conciliation was voided because I resigned from the board, but my complaint had nothing to do with my board position. We'll see what happens with that. HUD does tell me I have a right to hire a lawyer but I'm not sure if I want to do that or where to find one. I am a very busy mother and I work, so this level of activism is challenging to my schedule and will take a long time. I am very disappointed that the state does not have enough teeth in HOA law. That's the work I'd like to do -- on legislation.

Hatred is contagious, so one should work to avoid it.

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