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
Out of Court Binding Dispute Resolution:
Cost effective, timely, efficient
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 must seek
damages less than Small Court Limits and not be a felony
Process is similar to that used by DORA for property manager complaints under
State HOA Office already performing some required tasks such as receiving
and reviewing complaints, has an online complaint process in place,
has office staff.  DORA already perform similar so this will not be
implementing a new plan with no State expertise.
Funding is from State HOA Fees and litigants and no cost to taxpayer
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 in Colorado: they are not solution to binding decisions
on HOA complaints

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 30 years to resolve HOA issues and the
HOA has received thousands of complaints/inquiries since inception: this is not the solution
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!
It is just not true that home owners can't choose court
Homeowners can still choose to file their complaint in court
vs out of court binding dispute resolution, no home owner's
rights are sacraficed
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 disputes will cost taxpayers nothing, as in zero: it is
paid for by HOA Registration Fees and/or complaint filing fees.  The State HOA Office already funds
from registration fee a complaint filing, vetting, classifying, recording, and reporting system.  Any fee
increase in HOA Registration fees to fund this program would amount to approximately less $.50 per
home owner per year .  The legal cost savings to HOAs would offset any fees increase hundreds of
times over.
Cost to taxpayers to implement an out of court
binding dispute resolution process: zero.  Cost
to home owners: at most less than $.50 per year