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Why condo owners might need arbitration or mediation when facing a HOA dispute

On Behalf of | May 23, 2024 | REAL ESTATE LAW - Condominiums & Cooperatives |

If you are a condo owner facing a homeowners association (HOA) dispute, you should be aware that cases may have to go through mediation or arbitration before the go to trial. This is to prevent taking a high volume of cases to court when you can opt for alternative means as a resolution.

When you should consider arbitration or mediation

There are cases that may require arbitration before it goes to trial. An example of when this may be possible is when you want to install something or renovate your condo unit in a way that the HOA does not allow under its terms. You might want to petition them to allow it before deciding to take matters to court. if you decide you want to sue, you may need to go through arbitration and allow a third party to hear the case and decide on your behalf.

Other cases may require mediation prior to trial. During a mediation, you and the other party will discuss the situation in the presence of a third-party mediator. The purpose of the discussion is to help both parties resolve their differences and arrive at a reasonable solution that may favor both parties.

Choosing arbitration or mediation may be the less stressful and less financially straining option, depending on your case.

What to do if you are asked to mediate or arbitrate amid a HOA dispute

If you ever find yourself being asked to choose between mediation or arbitration in the middle of a HOA dispute, seeking legal counsel may be a good idea. You may have representation so that your chances of presenting your case clearly and in a way that the other party will listen may be higher. You may also be able to build a strong case and a convincing argument with the proper guidance.


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