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The Role of Mediation in Resolving HOA Disputes: Insights from an Experienced HOA Lawyer

LS Carlson Law May 12th, 2023

Homeowner associations (HOAs) are designed to promote a sense of community and ensure that properties are well-maintained. However, disputes can arise between homeowners and HOA boards or management companies. When disputes do occur, mediation can be an effective way to resolve them. Here's what you need to know about the role of mediation in HOA disputes.

What is Mediation?
Mediation is a process where a neutral third-party, known as a mediator, helps parties in a facilitate a mutually agreeable resolution. Mediation is a voluntary process, and the mediator does not have the authority to make decisions. Instead, the mediator works with the parties to facilitate settlement.

The Benefits of Mediation
There are many benefits to using mediation to resolve HOA disputes. For one, mediation is generally less expensive and less time-consuming than litigation and/or arbitration. Additionally, mediation is a private process that allows the parties to keep their dispute out of court and out of the public eye.

Mediation also allows the parties to retain control over the outcome. Instead of leaving the decision to a judge or jury, the parties can work together to find a solution that meets the goals of the parties. This can be especially helpful in HOA disputes, where the parties often need to maintain an ongoing relationship with each other as they often live in the same community.

How Does Mediation Work in HOA Disputes?
When a dispute arises in an HOA, the parties can agree to use mediation to resolve their differences. The process is often started by the initiating of an alternative dispute resolution demand letter. The mediator is typically chosen by the parties. The mediator will then work with the parties to identify the issues in dispute, facilitate communication between the parties, and help them come to a resolution. Mediations can occur either in-person or via video conference.

In HOA disputes, mediation can be used to resolve a wide range of issues, including disputes over assessments, architectural modifications, harassment, maintenance and repairs, and rules and regulation violations.

At LS Carlson Law, we have more than 15 years representing homeowners in HOA disputes and can help you determine if mediation is the right option for your situation. Our experienced HOA attorneys have the knowledge and skills to guide you through the mediation process and protect your rights. Contact us today to learn more.

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