How does the alternative dispute resolution (ADR) law affect recovery of attorneys fees in enforcement cases?
A very familiar complaint heard from boards is that judges refuse to award recovery of all attorney’s fees in governing document enforcement cases either won or successfully defended by the association. The ADR law may help in that judges are more likely to award more of the attorney’s fees actually incurred if owners refused to arbitrate or mediate these disputes. Of course, the same principle applies to an association that unreasonably refuses to engage in ADR or appeals an arbitration award.
