Alternative Dispute Resolution (ADR)

Started by NancyM2 • 4 replies • 1910 views

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NancyM2 (California)
Posts: 249

Posted:

Back in the 1990's our governing documents were amended to include ADR (alternative dispute resolution) It clearly outlines the proceedure to follow. number one ~ The first meeting with the BOD states that "NO ATTORNEY" for either side shall be present.

I am aware that every hearing we have had with a homeowner for the last several years we have had our "in house attorney" present at those hearings. Several of which were possible litigation isssues. One or two have gone into arbitration.

Would this be a violation of our governing documents ?

NancyM2

JosephW (Michigan)
Posts: 882

Posted:

Probably, unless both parties agree to waive it. Refer to the "Shall" vs "Will" post to see if it is really an absolute.

Joe

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MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By NancyM2 on 01/18/2009 10:54 PM
Back in the 1990's our governing documents were amended to include ADR (alternative dispute resolution) It clearly outlines the proceedure to follow. number one ~ The first meeting with the BOD states that "NO ATTORNEY" for either side shall be present.

I am aware that every hearing we have had with a homeowner for the last several years we have had our "in house attorney" present at those hearings. Several of which were possible litigation isssues. One or two have gone into arbitration.

Would this be a violation of our governing documents ?

NancyM2

Nancy,

IMO, it depends. Was the attorney present at the first meeting of the ADR process or just the first meeting with the member?

NancyM2 (California)
Posts: 249

Posted:

Mary we meet again on another thread. Thank you for your input

I know the attorney was there every time their was a homeowner that requested an audience with the board over something they were unhappy about. and visa versa, several times a homeowner would be called in to address a problem the board was having with them.

These were "first" appearances before the board. Several went further into other phases of the ADR process. But I don't think any went to court. I know a couple went to JAMMS (I think that's what you call it.)

Thank You again for your input, I always find your responses "right On"

NancyM2

MaryA1 (Arizona)
Posts: 7,043

Posted:

Nancy,

Thank you! :-)

I personally do not think it necessary to have an attorney present each time the board meets with a member to discuss an appeal. To me, that's just a waste of money. However, some boards are so unsure of themselves and feel it IS necessary. IMO, such a meeting is not necessarily ADR. ADR would occur if the board and the member could not agree on the issue after the initial meeting and both parties agreed to the ADR. The first meeting after that, the attorney would be barred from attending. At least that's the way I would interpret your ADR provisions. So I guess the question here is: when does ADR start?

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