Summary
The Declaration mandates a two-step dispute resolution process before any litigation may be filed. Disputes between homeowners, or between a homeowner and the HOA, must first go through mediation, and if unresolved, binding arbitration administered by the American Arbitration Association (AAA). Direct litigation is only available after these steps are exhausted (or waived by mutual agreement).
Process
| Step | Description | Source |
|---|---|---|
| 1. Mediation | Parties must attempt mediation first | Declaration 2004, Article 13 |
| 2. Binding Arbitration | If mediation fails, binding arbitration through AAA | Declaration 2004, Article 13 |
| 3. Litigation | Only after arbitration (or by mutual waiver) | Declaration 2004, Article 13 |
Applicable Rules
| Rule | Source | Section |
|---|---|---|
| Mediation required before arbitration or litigation | Declaration 2004 | Article 13 |
| Binding arbitration through American Arbitration Association if mediation fails | Declaration 2004 | Article 13 |
| Applies to disputes between owners and disputes between owners and HOA | Declaration 2004 | Article 13 |
Relationship to Violations Process
The R&Rs establish an internal violation and appeal process through API and the Board (see violations-and-fines). That process is the first step for rule enforcement disputes. If an owner disputes a Board decision after exhausting the internal appeal process, the Declaration’s Article 13 mediation/arbitration requirement applies before any court action.
History
No meeting history recorded yet.
Open Questions
- The Declaration text does not specify who bears the cost of AAA arbitration (split equally, loser pays, or other). AAA rules govern unless the Declaration specifies otherwise.
- It is not clear whether the mediation/arbitration requirement applies to HOA-initiated enforcement actions (e.g., injunctive relief for ongoing violations) or only to owner-initiated disputes.