Good Communications and Mediation Serve the Best Interests of Homeowners and Associations
If you have ever lived in or served on the board of a homeowners association, you know that from time-to-time homeowners will disagree with provisions of the governing documents of the association or how the association is being governed. Appropriately, in 99.9% of cases, these situations are resolved quickly and amicably before the homeowners or boards even consider the possibility of litigation. Here are the key steps that homeowners and board members should take to resolve issues before they become disputes:
1. Every homeowners association should adopt a policy, as required by Colorado law, that outlines the procedures to be followed when disputes arise between homeowners and the association.
2. All parties should be careful not to react on an emotional level to a situation before they have all of the information needed to fully assess the matter. This includes learning the facts associated with the situation and whether the governing documents or Colorado law control any aspect of the matter.
3 . Once the parties are fully informed, they should communicate with each other in an appropriate and amicable manner. When parties become emotional and egos enter the picture, issues can quickly evolve into disputes that are difficult to resolve.
4 . If parties are unable to reach an amicable resolution through negotiations, they should seek assistance from an independent mediator to help them navigate the path to resolution of the matter.
Contentious disputes never serve the best interests of homeowners or associations. By nipping conflicts in the bud before they flower into full scale disputes, all parties will do their part in creating livable communities.
Your comments are absolutely correct and on point. Thank you for expressing what I have been saying for years. And it is the job of the community manager, with the help of the association's attorney, to see to it that these items are done before even thinking about letting the matter end up in the media or in a courtroom. Communication is key.
This HOA past president and Board member says your comments are right on the mark. However, you didn't say where or how one finds a mediator in the event that one party to a dispute stubbornly refuses to negotiate? Particularly, say, if it is the President of the HOA who is the stubborn party?