Home Owner Associations

Each home owner association (HOA) is unique in its agreements with owners. Typically a developer will create the covenants and regulations that bind the owners. After a certain percentage of homes are sold, transfer of management can occur from developer to an owner board that is now responsible for the operations of the association. Some of the day to day operations may be subcontracted to a HOA management firm but it is the board who directs the management.

While well meaning owners may step up to the plate and volunteer their time to serve on a board or committee; that in itself does not demonstrate their technical ability to facilitate meetings and work to structure the new association to minimize the eventual conflicts. Nor do the members of a board or committee necessarily have the technical abilities to work through complex decision making protocols that may be required to bring about some modicum of consensus.

The original regulations were designed to meet the developers needs not the owners for when they take over control. Some of the existing regulations may still meet the needs of the owners and many may not. While HOA owners desire to protect the value of the property, they also want the freedom that individual home ownership may provide. This delicate balance is expressed in the covenants and regulations of the HOA. Careful consideration of the impact of each rule is imperative.

HOA conflicts currently clog our courtrooms, tear apart the fabric of our communities, and can cost many thousands of dollars in legal fees as well as much time and angst.

Rocky Mountain Mediation has been quite effective in working with young and mature HOAs by training Boards and committee members in the facilitation skills they require as well as offering direct facilitation services for both small and large meetings.

Rocky Mountain Mediation can provide direct mediation services to support effective conflict resolution at lower costs than litigation ( see frequently asked questions ).

If you are a member of an HOA or represent an HOA management firm call us to discuss the how we may be able to assist you.

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