Out of Court Binding Dispute Resolution is the Solution     
also known as med-arb (mediators with decision making authority)
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Out of Court Binding Dispute Resolution: narrative
Colorado HOA Forum:  Homeowner Advocates
Out of court binding dispute resolution flow chart
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
Virginia resolves most HOA complaints and it isn't via
mandatory mediation!  (a starting point but needs to be
modified, see our charts below)
Evaluation Criteria
Med-Arb
Mediation
Court
Option for Court Case
X
X
X
Cost Effective
X
X (partial)
 
Litigious
    X
Timely, Efficient
X
X (partial)
 
Guaranteed Binding
Decision Rendered
X
  X
Minimizes steps in
process from beginning
to definite end
X
   
Definite and defined
process
from point of
filing complaint to
decision
X
  X
Accessible to
Homeowners
X
X (partial)
 
Easily Understood by
Homeowners
X
X
 
Due process of law
guaranteed
X
  X
Affordable
X
X (partial)*
 
Applicable to all HOA
Disputes
X (partial)*
X (partial)*
X
Reduces Court caseload
and costs
X
X (partial)*
 
Professionally licensed
and regulated
X
   
Avoiding Court System
X
X (partial)
 
Cost to Taxpayer
NONE
NONE
YES
Funding Sources
Litigants + HOA
Registration Fees
Litigants + HOA
Registration Fees
Litigants Tax
Payer
s
Did you know that mediators in the State of Colorado are
not licensed or regulated and have no professional
requirements to fulfill?  HOA mediators have NO
requirement to be knowledgeable of HOA law!
Mediators for HOA Complaint Resolution: hasn't worked for 20 years

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

The below professions are licensed but HOA mediators who can be assigned to resolve your complaint
have no State professional requirements,
anyone can be a mediator!

Plumbers
Manicurists
Social Workers
Hairstylists
l
Barbers
Dentists
Full List

Standards and licensing for those listening to and making decision on HOA complaints don't exist.

Mediation has been available to Coloradans for 20 years and complaints increase about dispute
resolution NOT decline

Mediation adds time and cost and uncertainty to the dispute process and home owners deserve better.

Property management complaints are handled out of court, why not for home owner complaints?
Arizona out of court binding dispute resolution.
The law           Article
South Carolina proposal on out of court dispute resolution
This is basically the same process DORA
uses for CAM complaints
WHY NOT FOR HOA HOME OWNER DISPUTE
RESOLUTION!

LICENSING HOA'S WILL MOVE DISPUTE
RESOLUTION FROM THE COURTS TO AN
AFFORDABLE AND ACCESSIBLE VENUE
ADMINISTERED BY THE STATE.
A home owner CAN elect to use the  court system vs out
of court binding dispute resolution.
 No homeowner legal
rights are sacrificed
State HOA Study Recommends
Out of Court Binding Dispute Resolution
The Truth About the Cost to Taxpayers to Implement an Out of Court Dispute Resolution Process

Out of court binding dispute resolution for HOA home owner complaints will cost taxpayers nothing,
as in zero.  Functions already funded through HOA registration fees registering HOAs, Office Head and
supporting administrative person, web site, and complaint submission, review, and reporting.  The
primary new task would be to assign substantive complaints to arbiters for hearings and rendering
decisions.  Any fee increase in HOA Registration fees to fund this program would amount to
approximately less $.50 or less per home owner per year .  The legal cost savings to HOAs and home
owners would offset any fees increase many times over.
The argument for an out of court binding dispute resolution process
Dispute Resolution: case study on implementation and cost
Out of Court Binding Dispute Resolution:

Cost effective, timely, efficient and understandable
No uncertainty of a decision as in mediation
Completed by trained staff in HOA law (mediators can be anyone)
Affordable and accessible, has beginning and end
out of court, home owners
 don't gamble money for the hope of a decision such as in mediation
Allows all to pursue complaints: currently more don't even consider filing
 a complaint due to cost and or need to gamble funds on mediation
Reduces case load for courts
No legal rights forfeited by home owner,
can still opt to go to court
Applicable for all cases pertaining to non-compliance with HOA State law
 and a home owners own governing documents and cases seeking financial
 damages less than Small Court Limits and not be a felony
Process is similar to that used by DORA for property manager complaints
 under CAM Licensing Law
State HOA Office already performing most required tasks such as receiving
 and reviewing complaints, has an online complaint process in place,
 has office staff, funding via registration fees and complaint filing fees .  
DORA already perform similar so this will not be implementing a new plan
 with no State expertise .
No cost to taxpayer