Understanding Mediation of Legal Disputes

Mediation is a valuable opportunity for parties to a dispute to resolve their conflict on their own terms. The parties have maximum input into a settlement reached in mediation.

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Francis M. King, Esq

Once the matter is in Court the judge will decide what the resolution is with little to no input from either party. It is therefore important to take advantage of the opportunity mediation provides.

A significant factor in whether mediation is successful is the party’s preparation for the mediation conference. The parties should fully understand their position, and what they want to achieve at mediation. They should also make every effort to know and understand the opposing party’s position. However, knowing what you want should not become an unwillingness to compromise. All parties will give on some points and succeed on others, but the goal is to reach an overall compromise that all parties accept. Continue reading “Understanding Mediation of Legal Disputes”

Fine for Violations of Declaration of Condominium or Deed Restrictions

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Your condominium or homeowner’s association is empowered by the Condominium Act and the Homeowners Association Act respectively to levy fines against owners for the owner or occupant’s failure to comply with the Declaration of Condominium, Deed Restrictions, By-laws, or reasonable rules and regulations of the Association.

A fine may not exceed $100.00 for a single violation. A fine also may not exceed $100.00 per day for an ongoing violation, and may not to exceed $1000.00 total. The HOA Act provides an exception to this where a single ongoing fine may exceed $1000.00 if so provided in the Deed Restrictions. Continue reading “Fine for Violations of Declaration of Condominium or Deed Restrictions”

Homeowners’ Association Statutory Offer to Participate in Presuit Mediation

med img.jpgIf the Board of Directors or the management company for your Homeowners’ Association believes you have violated the governing documents of your community, which includes the deed restrictions, by-laws, or rule and regulations of your community, they can either fine you or proceed with legal action to enforce your compliance.

If the Association chooses to seek a judgment from a court to require your compliance it must first offer to mediate the case with you. If either party fails to participate in the mediation process, that party waives its right to recover its reasonable attorney’s fees and costs as prevailing party in any subsequent law suit. Continue reading “Homeowners’ Association Statutory Offer to Participate in Presuit Mediation”

Homeowners Association and Condominium Association Disputes

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As a resident of a Homeowners Association or Condominium Association you are obligated to pay assessments and to comply with the rules laid out in the deed restrictions, declaration of condominium, rules and regulations, and by-laws. If the Board of Directors of your association thinks you are in violation of these rules they have several avenues available to them to enforce the documents against you. Continue reading “Homeowners Association and Condominium Association Disputes”