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Homeowners and association will have available alternative dispute resolution (ADR), although both parties preserve the right to litigate.
The Right to Notice of Violation states that before an association can seek foreclosure, file suit, or charge any fees the association must provide notice to the homeowner twice and these notices must be at least 21 days apart. The notice will provide the basis for the claim stating how the homeowner violated terms of the documents. The notice must state the amount the association claims is actually due and how the homeowner can fix this situation. The notice will also say that the homeowner has at least 21 days to pay after the second notice.
The Right to a Hearing
The Right to a Hearing states that the homeowners are allowed a no cost hearing which can verify facts and help to seek resolution with a committee of directors. The hearing needs to be within 30 days of the request received by the association and the notice of specific date, time and place will be issued at 10 days prior. The homeowner can ask for a postponement for no longer then 10 days.
The Right to Confidential Mediation
Homeowners have the right to a half day of neutral mediation about the assessments. The homeowner will pay 50% of this charge and the association will pay the rest. The parties have 30 days to agree to a mediator, and when they agree the homeowner will have 15 days to cure after the mediation.
Right to Petition the Ombudsperson
After the notice the homeowners have the right to petition to the ombudsperson upon payment of a filing fee that does not exceed the state designated amount. The association will need to cooperate with the ombudsperson as well as extend the period of cure for 30 days or longer at the request of the ombudsperson.
No Lawsuit Without Directors Voting
The association cannot sue a homeowner without an authorizing vote by the director’s majority. This needs to be in compliance with the applicable laws.
Notice Before Litigation
The association must provide notice at least 15 days before filing suit against a homeowner that describes the lawsuit and what the homeowner to violate the terms. It also must state the amount that is due and describe what the homeowner can do to fix that debt.
This article also includes the exception for emergencies, which allows the association to make a good faith response to an emergency. An emergency is something that could not have been foreseen and poses a threat to the process.
What this article does is help homeowners rights by helping them through the costs of legal fees that can happen. It also helps them by allowing them extra time to take part in face to face settings. This helps both parties understand the situation better and help to promote the fairness of the practice for both parties. This is set up to help both parties avoid the trouble of lawsuits if settlement can be reached outside of the courtroom by granting more time to help gather payment. The positive is that it looks out for the homeowner before looking out for the courtroom.
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