How Can Homeowners Handle HOA Disputes

Homeowners who live in communities governed by a Homeowners' Association (HOA) often run into a unique set of  issues to deal with. Whether it's rules and regulations that affect the usage and maintenance of property or difficult neighbors within the community, the potential areas for disputes to arise  are plentiful. While many times, homeowners are able to amicably resolve issues, there are other times when that is not possible. The question then becomes, what is the best way to resolve disputes that arise with the homeowners' association without turning the dispute into an expensive, and time consuming litigation.

USING THE HOA'S INTERNAL PROCESS

The first place for homeowners to look when disputes arise between the homeowner and the homeowners' association is at the association's bylaws, and rules and regulations. It is common for these documents to provide an informal and/or internal process for community members to resolve disputes that arise between homeowners and homeowners' associations. For example, sometimes an informal process might start with a meeting between the homeowner and the President of the HOA, or other board members. This allows an opportunity for an informal conversation to determine whether a dispute can be resolved internally  and informally. This is very often the most sense and cost-effective option. However, it only works well when both sides are engaged in rational thought. 

ALTERNATIVE MEANS OF DISPUTE RESOLUTION

In cases where the internal process does not resolve a dispute or in situations where there is no internal process provided for, the next step is often what is known as Alternative Dispute Resolution or ADR. Alternative Dispute Resolution can be in the form of Mediation or Arbitration. 

Mediation is a voluntary process in the sense that no one can force the other side to resolve a dispute in mediation. Although, whether a dispute gets resolved in mediation is voluntary, often state law or the association's by-laws, rules and regulations, require that mediation be attempted as a means to resolve a dispute before either party can initiate litigation.

ARBITRATION

Arbitration is different than mediation because a decision maker who is referred to as an arbitrator actually decides how the dispute is resolved. There is normally a hearing process whereby each side presents evidence and then the dispute is submitted to the arbitrator to make a decision. The arbitrator's decision is final and are not free to take a dispute to court if they do not like the arbitrator's decision.

HOW TO FIND A MEDIATOR OR ARBITRATOR

A great way to Find a Mediator or Arbitrator is through internet research or word of mouth, you can also visit the California Association of Realtors Mediation Site, the Southern California Mediator's Association, Mediation.org and the American Arbitration Association.

Depending on the nature of the dispute, it may also be wise for the homeowner to consult with fellow members of the HOA to determine whether there have been any similar disputes in the pasts, and if so, how were they handled. Regardless of the outcome of the process, it is always important for both the  homeowners' association and the homeowner to conduct themselves in a way that will not destroy the neighborhood relationship and the rapport among members of the community.