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Forms, Documents & Notices
Willow Park Condominium Association, Inc.
(the "Association")
Policy Resolution No. 1
Regarding Alternative Dispute Resolution
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Introduction | Initial Efforts to Resolve Disputes | Mediation Option | Effects or ADR Committee Decision | General | Complaint Form (pdf) | Chart (pdf) | Notification of Complaint Letter (pdf) | Response to Complaint Form (pdf) | Return to Forms, Docs & Notices
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I. Initial Efforts To Resolve Disputes
1. Any Unit Owner, Officer, Director or agent of the Association has the authority to request that a Unit Owner cease or correct any act or omission which appears to be in violation of the Condominium Documents. Such informal requests should be made before the formal ADR Procedure is initiated.
2. With respect to the use of any facility where a violation of the rules for the use of such facility might endanger life, limb, property or equity of the Association, any duly authorized agent of the Association may, without further notice, suspend for a period of not greater than seventy-two (72) hours the right of any Unit Owner to use such facility, if an oral request to cease or correct the violation has not caused such violation to cease. Thereafter, the Board shall have the right to continue any such suspension until such time as the Dispute is finally resolved.
3. The Association, on its own initiative or upon the receipt of a formal written complaint from a Unit Owner may make initial attempts to secure compliance with the Condominium Documents through correspondence to the Unit Owner which states the time, date, place, and nature of the violation and which sets forth the time period in which the violation must be corrected ("Initial Notice"). Such Initial Notice shall indicate that the Unit Owner may elect, within ten (10) days after receipt of the Initial Notice, to proceed to mediation prior to the initiation of enforcement proceedings by the ADR Committee in the event the Unit Owner disputes the allegations contained in the Initial Notice. The Unit Owner shall make such an election by sending written notice to the Association of the Unit Owner's request to mediate ("Notice for Mediation").
4. If the Unit Owner, within the ten (10) day period, (i) does not deny in writing the allegations set forth in the Initial Notice or (ii) fails to make the election to proceed to mediation, all allegations contained in the Initial Notice shall be deemed admitted and the Board shall have the right to impose the sanctions listed in Paragraph 24 of this Resolution without any further hearings or proceedings. The Initial Notice shall also advise the Unit Owner as to the consequences of failure to respond. If there is a written denial of such allegations and no election to proceed to mediation, the Dispute shall be promptly referred to the ADR Committee for a hearing and decision pursuant to the applicable Condominium Documents.
5. Either prior to the Unit Owner electing to proceed to mediation or after mediation has been elected but before it has commenced, the parties shall attempt in good faith to resolve any controversy, claim or dispute arising out of or relating to the Condominium Documents or the breach, enforceability or validity thereof promptly by negotiation between such parties. A Dispute shall not include issues relating to (i) the payment or nonpayment of regular and/or special common expense assessments levied against a Unit in accordance with the Condominium Documents, (ii) election issues, or (iii) alleged noncompliance by the Board with the Condominium Documents or applicable law. Should the parties fail to resolve the Dispute through negotiation within thirty (30) days after the receipt of the Initial Notice and the timely receipt of the Unit Owner's Notice for Mediation, then and in such event, the parties may proceed to mediation as provided hereafter.
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