HOA Mediation

Colorado law for HOA communities favors resolution of disputes through using alternatives to filing a lawsuit in court. One of these alternatives is mediation. The month of October is typically recognized by our legislature as conflict resolution month. Policies for HOAs regarding dispute resolution have evolved in Colorado to require that HOAs have a provision in their governing documents specifying that each association adopt a written policy setting forth its procedure for addressing disputes arising between the association and unit owner. What does this mean for an HOA and its members?

What is Mediation?

Mediation is a confidential process which provides the opportunity for the parties to a dispute or legal action to work with a third-party neutral mediator to resolve the issues. The mediator is not a decision-maker but rather someone who is a trained alternative dispute resolution professional who can provide the facilitation and opportunity for open discussion of the issues. The mediator cannot give legal advice but can provide skills and knowledge for resolution of the dispute. The mediation can occur with the parties in one room; or if necessary two rooms, depending on the circumstances. The mediator also assists the parties in drafting a settlement agreement or memorandum of understanding which is binding on the parties and often made an order of the dispute or proceeding. In other words, mediators work with the parties to create a solution that all parties agree on as a resolution of the conflict.

What types of HOA issues can be resolved in Mediation?

Common HOA conflicts resolved through ADR can involve any combination of owners, board members, and managers. These disputes include:

  • Pet/people disturbances
  • Fines for rules violations
  • Target actions by/against board / board member
  • Failure to provide HOA documents
  • Accounting, payment of dues, interest, late fees and attorney fees
  • Board member disputes with each other or manager
  • Compliance issues with governing documents
  • Communication and transparency
  • Property maintenance and use of reserves for projects
  • Upkeep of property and individual units
  • Parked cars
  • Others?

An experienced mediator can assist parties in resolving these disputes prior to the filing of a lawsuit, resulting in a resolution of the issues between the parties in a cost-effective, efficient manner. If a court case is filed, mediation can be used at any time in the court process to resolve the dispute. Stress, time and cost are all reduced with mediation.

How do you find a Mediator for an HOA matter?

There are various resources for finding mediators in Colorado:

Left unaddressed these HOA disputes can result in escalating bad behavior, community polarization, as well as decreased transparency and trust. Mediation provides the boundaries and guidelines to resolve the disputes and allows for a respectful, productive, and forward-looking discussion so that each side is heard. Why not try it?

Note: This article should not be construed as legal advice. If you have questions regarding the content of this article or your rights under this Act, please contact an attorney.

Marianne Lizza-Irwin, Esq.

About the Author

Marianne Lizza-Irwin, Esq., owner of Foothills Mediation and ADR, is an attorney and mediator. After handling extensive trials and litigation matters for almost 30 years, she began her practice as a mediator in 2014. She mediates a variety of cases including business, HOA, property, professional licensing, injury and insurance as well as commercial, family and contract matters.