Sometimes there are differences of opinions or serious disagreements within homeowners’ associations (HOA). There are a series of cases that can result in a dispute in this context. For instance, an individual owner of a property may be issued a citation of violation of the homeowners’ association rules and be subjected to a monetary penalty. The individual may disagree with the imposition or the interpretation of the alleged broken rule and demand that HOA rescind the penalty or clearly explain the broken rule in detail. Such occurrences may be triggered when a homeowner paints their home in a different color not permitted by the HOA or when a homeowner does something else pertaining to the property that is against the HOA’s governing documents.
Additionally, a dispute may arise when homeowners believe that the HOA is overstepping its boundaries, i.e. by enforcing rules not mentioned or recognized in the HOA covenants, conditions, and restrictions also referred to as the CC&Rs. Such occurrences are common, as members and the HOA may disagree from time to time. Therefore, most HOA CC&Rs have the contingency measure to solve disputes between the HOA and homeowners, without litigation. The following are some of the ways HOAs handle most of the disputes, in addition to hiring an HOA management company in Phoenix to assist.
Mediation
When an issue arises between neighbors within the same neighborhood, about the use of a property, if they are from the same HOA, the HOA may come in to help the parties solve their differences amicably. The HOA may implore the homeowners to participate in the process out of good faith in solving the difference. Sometimes homeowner to homeowner concerns need to be resolved between the two parties without the HOA’s involvement. However, the circumstances for these scenarios can often be found in the community’s governing documents.
Negotiation
Negotiations are cooperative procedures that focus on reaching a single or common interest objective of the involved sides. In HOA and homeowner negotiations, both parties identify the area of dispute, listens to everyone’s side of the story, and explore various available alternatives to decide on the best resolution. Negotiations are often informal though they can sometimes involve legal counsel. The willing heart to negotiate, free from conditions, makes two reasonable individuals able to craft a remarkable solution in a short while. Most of the time, it is the only step needed to solve a dispute between homeowners and the HOA. Unfortunately, some cases do require a legal approach, which are beyond negotiations.
Arbitration
This is a formal process to solve a dispute, and it costs time and money. However, it is much less costly than filing a lawsuit and it aspires homeowners and HOAs to find a solution to a dispute before court proceedings. Arbitration entails engaging legal experts from both sides to scrutinize evidence and pass a favorable verdict. The outcome is meant to solve the dispute without involving the court.
Overall, it is vital that HOAs and homeowners should understand these steps. Having an internal alternative dispute solution is less costly and less time consuming compared to filing a court case. Drop a comment on how to improve dispute resolution within HOAs and homeowners.
