|Out of Court Binding Dispute Resolution is the Solution
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
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!
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?
|This is basically the same process DORA
uses for CAM complaints
WHY NOT FOR HOA HOME OWNER DISPUTE
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.