What are the processes surrounding disputes, legal proceedings and alternative dispute resolution?
Disputes arising in an Association may be handled formally or informally. If a dispute arises, it is generally wise to contact the community manager or the Associations Board to obtain a copy of any policies and procedures that may be applicable (as of January 1, 2007 a policy of this nature is required). Once obtained, or even if not available, attempts should then be made to handle the matter informally (which is generally less costly). SB 06-89 requires that an Association must have a written policy regarding any policies and procedures governing disputes between the Association and its members, or between members and the Association. There is no requirement for the Association or any member to participate in alternative dispute resolution under SB 06-89. Associations are required by statute to allow an owner the opportunity for a hearing before the Board prior to the implementation of any fine. Once disputes are within the judicial system, procedures are generally set by court rule
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