Last week Dan Zimberoff offered some helpful tips for putting disruptive owners in their place during association or board meetings. This week we want to discuss options for resolving disputes that continue beyond association or board meetings.

The Oregon Condominium Act and the Planned Community Act both require that an association or an adverse owner offer the other an opportunity to use any dispute resolution program available within the county in which the community association is located that is in substantial compliance with ORS 36.175 (see several options referenced below) prior to initiating litigation. Notably, this applies to both associations and owners before either initiates litigation. An exception exists for circumstances in which irreparable harm to a party will occur due to delay or where litigation is initiated to collect assessments (other than assessments attributable to fines).

The following mediation centers offer their services at no cost to the association or owner for communities located within the relevant district:

(1) Beaverton Dispute Resolution Center: http://www.beavertonoregon.gov/index.aspx?NID=562     

(2) Resolutions Northwest: http://resolutionsnorthwest.org/ 

(3) East Metro Mediation: http://www.greshamoregon.gov/mediation/  

Each mediation service referenced above also has a variety of helpful tips and information relating to community disputes on their respective websites.

In Washington, neither the Condominium Act nor Homeowners Association Act requires mediation prior to a homeowner or association filing a lawsuit. However, many times there are such provisions contained with the governing documents of an association for disputes other than ordinary collections matters.

The following are some specific details to keep in mind when offering (or receiving an offer) to engage in mediation:

(1) The written offer must be hand-delivered or mailed by certified mail, return receipt requested to the address, contained in the records of the association, for the other party.

(2) When a party receives an offer to mediate, they have ten (10) days to accept.

(3) When a party intends to accept the offer, the response accepting the offer must contain the name, address and telephone number of the entity that will administer the dispute resolution program (see options above).

If a dispute arises, please be sure to review your association's governing documents for any additional requirements relating to dispute resolution procedures. Please feel free to contact us if you have any questions.