|Out of Court Binding Dispute Resolution
also known as med-arb (mediators with decision making authority
|Colorado HOA Forum: Homeowner Advocates
|OUT OF COURT BINDING DISPUTE RESOLUTION, THAT'S A FACT
We already have mediation in State Law and most HOA by-laws (governing documents).
add time, cost, uncertainty, and more process to an already weak HOA enforcement system.
Homeowners want an accessible and affordable HOA enforcement system and one that
has a defined process from beginning to end. An enforcement process that renders
decisions expeditiously and based on HOA law and their own by-laws. An HOA legal
enforcement process that is out of court for most homeowner complaints and is binding.
The idea of mandatory mediation contradicts all the positive aspects we advocate in
enforcing HOA law. Mediation, optional or mandatory, is an enforcement system based on
"hope", "if", and "maybe" not certainty of a decision nor does it bring the feature of finality in
system for a judgement; and this process will require homeowners to gamble several
hundred dollars on a mediation session that in many cases will not result in any or only a
partial decision which is simply unacceptable and unaffordable for homeowners.
The idea is to resolve complaints, have decisions rendered, make dispute resolution
affordable and accessible. Our proposal of med-arb meets this criteria. Mediation,
mandatory or not, will simply add more process, time, cost, and uncertainty to dispute
resolution which is no one's goal.
|Comparison of Dispute Resolution Processes
Med-Arb, Mediation (Mandatory Mediation), Court
No mandated credentials
No mandated background/educational requirements on HOA law
No oversight by State regulators or enforcement of professional standards
No required background checks
No process to legally remove unethical mediators from practicing
No formal vetting, review, or examination of those practicing mediation on HOA cases
These professions are licensed but HOA mediators who can be assigned to resolve your
complaint have no State professional requirements, anyone can be a mediator!
standards and licensing for those listening to and making decision on HOA compalints.
|Homeowners can still choose to file their complaint in court vs out of
court binding dispute resolution
|Out of Court Binding Dispute Resolution: paid for by filing fees, supplemented
through HOA registration fees. DORA and the State HOA Office already have
experience in this process for licensed professions; this process will be used for
HOA property manager complaints; funding and staffing for a State Office to
administer this program is mostly already in place; and the process to file an
on-line complaint for HOA issues is already completed. No new funding or
taxpayer dollars required.