What Condominium or Homeowners Associations Should Expect at Mediation
November 13th, 2018
Condominiums and Homeowners Associations often participate in mediation either as part of a lawsuit or as an attempt to settle a dispute prior to litigation. Most Board Members have never participated in a mediation and usually have questions about mediation and the mediation process. Here are some basics about what a Community Association should expect when facing an upcoming mediation.
What is Mediation?
The first thing to understand about mediation is just what it is and what it isn’t. Mediation is an alternative dispute resolution process where a neutral third-party (the Mediator) works with the Association and the other party to try to resolve the parties’ differences in a way that both sides can agree to. It is essentially a conversation, where each party shares their side of the dispute, and the Mediator tries to help them reach an agreement. A mediation is not a trial or hearing, and the Mediator is not a judge or jury. Instead, the Mediator facilitates the discussion about the sources of the dispute and the possible resolution. The benefit of mediation is that the parties are in control of the possible resolution so that it is not decided by a judge, jury, or arbitrator. In order to encourage the parties to be open and work together towards a settlement, the mediation is confidential, and nothing said or presented at mediation can be used against a party later or shared with anyone else.
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Notice and Eligibility Requirements for HOA Elections
October 19th, 2018
With the nonstop political advertisements on television you have probably figured out that Election Day, November 6, 2018, is right around the corner for the general election. Homeowner’s Associations, Condominium Owners Associations, and Cooperatives also generally run elections for the board of directors of the association around this time of year.
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