How is dispute resolution handled in your Condo or HOA? Some states have adopted mediation as the “go to” standard in community association (CA) disputes. For example, The State of Florida Homeowners Association Act requires presuit mediation before litigation.[i] Colorado’s Judicial Department … [Read more...]
No Need to Ignore the Elephant in the Room!
Even at the earliest stage of conflict mediation offers an opportunity to resolve issues in dispute before filing a lawsuit. The simple approach to requesting mediation can come from your Attorney, on your own accord, from your Board, your neighbor or a vendor may request mediation to avoid … [Read more...]
Receivership Options … Best Interest or Trouble for My Association?
Is a receiver needed or in the best interest of your condominium or homeowner’s association to carry on its affairs under certain circumstances? Association and board members may not even understand the duty of a receiver as defined by their state laws and governing documents. “State laws for … [Read more...]
Difficult Association Members and How to Deal With Them
There’s always one… that one difficult neighbor. The person who always has an issue or complaint, whether it’s maintenance; your yard; or your music is too loud, the list is endless. Crafty complainers will conjure up frivolous issues; cite Florida law even when they have no legal background! While … [Read more...]
Real Service Dog or Cheap Impostor?
Often (association) members claim a need for an animal to avoid pet restrictions in their community. Please click on the link below to read the article I wrote for the December 2015 issue of the PGA National Community News regarding Florida law and service animals... real or cheap … [Read more...]
The Effective Mediator
Robert Angyal SC writes a great series on LinkedIn about the qualities one should expect in a great mediator. This week he discusses expertise in mediating versus knowledge of the subject in dispute. Why do I gravitate toward this post in particular? Because as a non-attorney mediator aka “The … [Read more...]
Deer Hunting Season In Your HOA? What?!?!
This year West Virginia’s regular archery season opens September 21st. How do I know this? I acquired the information during an informative telephone conversation I had with Chris Ryan, Ph.D. , Supervisor of Game Management Services at the West Virginia Division of Natural Resources. I made a call … [Read more...]