💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ChuckR3
Posts: 4
Posted:
I'm new to this forum and hope to be able to learn a lot.

I'm a homeowner in a small community of around 50 homes with a newly formed HOA and four members serving on the Board of Directors. The Board also serves as our Architectural Committee. The Committee recently denied a request I made, and our governing documents allow an appeal which I filed. It's too bad the appeal goes back to the same people, but that's how it is. Our governing documents also allow for mediation to resolve disputes, including architectural ones, if there are still disagreements, but I don't understand how that process works. Could someone explain? Thanks.
SheliaH (Indiana)
Posts: 6,964
Posted:
Generally, a third party mediator, with no connection to either side in a dispute, would hear both sides and help negotiate a settlement. It's similar to arbitration, but the primary difference is that in arbitration, the arbitrator would actually render a decision that both sides agreed in advance to comply with. Like a mediator, an arbitrator cannot have any connection to either side.

The idea of mediation is to help settle disputes without duking it out in court - ideally it's less expensive, faster than running to court and you usually don't need an attorney (unless the dispute is really complicated). If you mediate, you may also want to ask what happens if a settlement is reached, but someone balks - the other side may be able to take the thing to court and the proceedings from the mediation could be used as evidence (that won't look good for the other side that originally agreed to the settlement terms and then reneged).

Ask your board for more information on how you can take your issue to mediation. While you're at it, take a good look at your arguments vs. the arguments of your board. Sometimes, you take a look at the issue and come up with a solution no one thought of,and if the board goes along with the compromise, you save time and money. Better yet, have a friend take a look at the situation - it can be helpful to look at the matter through a different set of eyes and perspectives. Good luck!


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ChuckR3
Posts: 4
Posted:
Thank you so much. Your suggestions are very helpful.

In case your suggestions don't work out, what are the steps to actually request mediation? Our documents don't explain the steps to make the request (in writing, notify by certified mail?) or if there's something more involved than Google in selecting a mediator. They just say both parties must agree on the mediator.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Curious what the request is and the reason for denial. Do they quote and state the rule of the reason why? Sometimes they may be protecting ourselves from ourselves... Believe me, there have been times where I wanted something but listening to the other side helped avoid a mistake/issue.

Keep in mind, unless you plan on keeping your house forever...Changes can be considered "Personal" preference. The HOA has to consider future sale and attractiveness of homes to potential buyers. Your change makes a difference it can effect the overall view of the homes. Plus you never improve your home beyond your neighbors. So just be careful of what your asking for. It may not be worth the battle.

Former HOA President
ChuckR3
Posts: 4
Posted:
Yes, they quoted two separate areas of the CC&Rs, but I believe my appeal also has merit.

You make some really good points, and I will follow your advice. I'll see how the situation plays out and maybe post back later.

Thanks for your suggestions.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By ChuckR3 on 11/16/2016 2:29 PM

Yes, they quoted two separate areas of the CC&Rs, but I believe my appeal also has merit.

Keep in mind that the Boards hands may be tied if what you are asking for violates any section of the CC&Rs.
Typically, the Board has zero authority to waive sections of the CC&Rs, only the membership can do that and that typically takes 2/3 of the membership to approve.
KerryL1 (California)
Posts: 14,550
Posted:
Your state, Chuck, may have statutes that tell you the steps to take for mediation purposes.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By ChuckR3 . . . Our governing documents also allow for mediation to resolve disputes, including architectural ones, if there are still disagreements, but I don't understand how that process works. . . . what are the steps to actually request mediation? Our documents don't explain the steps to make the request (in writing, notify by certified mail?) or if there's something more involved than Google in selecting a mediator. They just say both parties must agree on the mediator.

ChuckR3 Wash. Good comments above.

1-Lacking a mechanism you say you are unable to find within your governing documents, you may be able instead to get some start-up insights from a lawyer, paralegal or even a community mediation service (not for profit).

2 -Washington state incidentally seems to have a Uniform Mediation Act Chapter 7.07 RCW
http://apps.leg.wa.gov/rcw/default.aspx?cite=7.07 . . . with a definition of it but a scope that defaults to "(a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator. At this stage that isn't yopur scenario.

3 - Pragmatically why not look into triggering the informal process - with a qualified professional - by a written invitation to activate the provision of your governing document with specific reference to the section etc.

Suggest that both you and the association each bring forth a list of qualified mediators with either some commonalty or a willingness to accept. It's not rocket science, hopefully gets privilege without disclosure and may be not too expensive. There are usually no Mediation Police, so maybe only the mediator will respect privileged disclosures or offers.

3 - ( My own jurisdiction in 1998 legislated it as a hurdle to try to keep condo governance document disputes out of civil court, but botched the wording almost beyond comprehension. Most condo disputants here anyway seem to prefer letting toxicity fester or finding out the hard way just how expensive it is to formally litigate . . .) ,

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here