CAI-NJ June 2020(w)

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By Kari Valentine, CMCA, AMS, Associated Energy

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any of you know that community associations are legally required by the state to offer a “fair and effi- cient” litigation alternative. New Jersey is unique in

mediation. The parties must resolve together whether it is between a board/manager and homeowner or home- owner and homeowner. However, it only works when both sides are engaged in rational thought and a desire to find a middle ground. There have been several instances across the United States where either the association’s board of the homeowner has taken an unreasonable position on an issue. In those cases, the internal or informal processes sim- ply do not work. It is never a comfortable situation to find oneself in a mediation, so that is even more reason to do all that one can to prevent the need for mediation services. There are a few reasons for most mediation services. The most prominent is the ignorance of the documents and the association’s rules. The other is the refusal of board members or managers to hear the complainant out. So often, the homeowner doesn’t feel that they

the sense that, through the CAI state chapter, it provides mem- ber associations with mediation services. What this means to the associations, boards, managers, and residents, is that your mediator will be versed in how an association operates. But that said, this article isn’t an advertisement for the program. Mediation is a paid service from a neutral party who primarily listens to both sides of the dispute and tries to assist the parties in finding a middle ground and achieve a resolution to the conflict. Mediation is a voluntary process, as no one can force the other side to resolve a dispute in

are being heard. Too often, we rely on email to communicate messages when what is needed is the spontaneity of a face to face conversa- tion rather than the stilted communication

through email. If a face-to-face meeting isn’t possible, then arrange for a phone call, allow all grievances to be heard, even if what is being asked by the homeowner isn’t possible. It is important to con- vey to them that you will review the documents and rules to see if anything can be done in their favor. This gives the homeowner the sense they are more than one of many. n

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