HOAleader.com - Tip of the Week - December 12, 2008
Published: Fri, 12/12/08
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HOA Disputes: When Can--and Can't--Alternative Dispute
Resolution Help?
I hate to write a tip about disputes this close to the holidays,
but let's face it: the holidays can bring out the best in people,
and they can just as easily bring out the worst.
This week's tip is for you if you've got a dispute in your
homeowners association that has boiled over, and you're
wondering about whether or not you can get a resolution quicker
and more cheaply through alternative dispute resolution (ADR)
than through litigation.
When you're considering ADR, consider this advice from Edward
Taylor, principal at the Law Office of Edward M. Taylor in
Smithtown, N.Y., and president of the Community Associations
Institute's Long Island chapter.
"Alternative dispute resolution definitely has advantages in
certain circumstances, and each case has to be weighed
individually," he told us.
"There are disputes between boards and homeowners that can be
considered reasonable. Each side has a reasonable interpretation,
and sitting down with an arbitrator or mediator could help the
parties arrive at a resolution. That's usually quicker than a
court proceeding and less expensive in terms of attorney's fees."
On the other hand, Taylor explains, "there are other disputes
where troublemakers who just don't like complying with rules
cause problems again and again. Where there isn't opportunity for
one side to understand the other's side, you really need to go to
court and put an end to the problem. You simply have to win."
For more practical advice on ADR, read our recently posted
article, "Alternative Dispute Resolution: Should Your Homeowners
Association Require It?"
http://www.hoaleader.com/members/196.cfm
Best regards,
Matt Humphrey
President
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