Homeowner associations (HOAs) play an important role in maintaining community harmony and property values. The HOA achieves this balance by working to ensure those within the community follow the rules. There are times when people do not agree, when a conflict over an HOA rule may arise.
Conflicts involving HOAs and homeowners are not uncommon and can range from everything to the color chosen for a home to too much noise from pickleball. Sometimes, a simple discussion is all that is needed to resolve the issue. But when a discussion is not fruitful, the parties may consider mediation.
Mediation: Defined.
Mediation involves a neutral third-party mediator who facilitates a mutually agreeable resolution. Unlike litigation, the mediator lacks decision-making authority. Instead, they guide communication and encourage settlement.
This process can offer various benefits, including:
- Cost-effective and efficient: Mediation is generally less expensive and time-consuming than going to court or arbitration.
- Privacy: Mediation keeps disputes out of the public eye and courtrooms.
- Empowerment: Parties can retain control over the outcome, working together to find solutions.
Another key benefit that is especially relevant for HOA disputes is the likelihood that a resolution through mediation will preserve the ongoing relationship. This is important for these types of disputes because the homeowners often live in the same community as those who run the HOA.
Mediation: Application to HOA dispute.
The process generally begins when the parties agree to mediate. Once initiated, the parties choose a mediator who identifies the issues, facilitates communication, and guides resolution.
Mediation can provide a practical path to resolve HOA disputes and preserve community relationships while addressing legal concerns. It can empower both parties to find common ground to help reach mutually acceptable agreements. Those facing an HOA dispute can use mediation as a constructive way forward.