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| Saturday, October 11, 2008
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| Author |
Messages |
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DetriaW
(Colorado)
Posts:2
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| 07/10/2008 11:13 AM |
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I have a question about HB 1135 that took effect July 1. Can the HOA or Home owner still request mediation if a situation took place before the new amendments? Please see attachment.
See page 3 section 2(a)
Thanks,
D. |
Attachment: 1710134734071.pdf
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KirkW1
(Texas)
Posts:917
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| 07/10/2008 11:29 AM |
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I would say that if you have a conflict, you can certainly request mediation. That being said, the law doesn't require mediation, it merely encourages such and requires that all HOAs have a policy on such.
I don't know why the HOA should not accept an offer of mediation. As the law states, it is typically cheaper and faster then the courts. |
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DetriaW
(Colorado)
Posts:2
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| 07/10/2008 11:53 AM |
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Yes, I know that the it is encouraged. If you look at the attachment, I was wondering if it could still be requested by one party since this particular situation had taken place before July 1. The new language states "agreement of the parties" instead of either party to the controversy. If I'm understanding this correctly, it's stating it did not have to be a mutual decision, now it has to be.
D. |
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RogerB
(Colorado)
Posts:3657
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| 07/10/2008 1:46 PM |
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Detria, the answer is yes. HB 1135 amended CCIOA Section 38-33.3-124 which ONLY ENCOURAGES alternative dispute
resolution encouraged BUT REQUIRES HOAs to have a policy statement on ADR. If both parties agree to mediation that is the way to go, either before or after July 1. However, if one party is not interested in going to mediation it would be a waste of time and money since without agreement to mediation by both parties the outcome would not be legally enforceable unless both parties signed an agreed upon written decision. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
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JeanneK3
(Maryland)
Posts:120
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| 07/10/2008 2:02 PM |
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Roger:
In Maryland no mediation is legally enforceable. It is just a method to bring two parties together with a trained mediator to help them work out their differences. Are you saying that in Colorado it mediation really means binding arbitration?
Jeanne |
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