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Facts You Should Know

 Before Choosing Your Legal Option

 

Lawsuit - Lawsuits should only be used as a  last resort to resolve your litigation with your Homeowners Association (HOA),  a  Real Estate Attorney that specializes in HOA Law would be best to assist you in your case.


You should be prepared that lawsuits are lengthy, expensive, emotionally draining and unpredictable. So carefully weigh the cost of litigation against the hoped-for benefit... and then weigh it again. No guarantee of resolving your case, win or lose, the attorney always get paid.


Attorney Retainers Start At $2,500 to $3,500

Letters From Attorneys Start At $300 to $500


* There Could Be Additional Hourly Fee's and Court Cost



Mediation - Mediation uses the most straight forward approach, parties who enter into mediation do not forfeit legal rights or remedies. If mediation does not result in settlement, each side can continue to enforce their rights through appropriate court or tribunal procedures, However, if mediation produces a settlement, legal rights and obligations are affected in differing degrees. In some situations, the parties may accept a memorandum or moral force agreement; these are often found in community mediation's. In other instances, a more comprehensive deed of agreement, when registered with a court, is legally binding. It is advisable to have a lawyer draft or provide legal advice about the proposed terms.

Four Step Process To A  Mediation  Solution
Consulting  Research  -  Mediation  -  Solution

Cost - Takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of weeks. Taking less time, means expending less money on hourly fees and cost. no guarantee's of resolving your case.

Average Cost Ranges Between $1,200 to $1,500 


Arbitration - Binding Arbitration is a more direct substitute for the formal process of a court. Binding Arbitration is typically conducted in front of one or three arbitrators. The process is much like a mini trial with rules of evidence, etc. Arbitration typically proceeds faster than court and typically at a lower cost. The Arbiter makes the ultimate decision rather than the parties. Arbiters decisions are typically final and appeals are rarely successful even if the decision appears to be one party to be completely unreasonable. No guarantee's of resolving your compliant.

Average Cost Ranges Between $1,200 to $1,500 


Paralegals - An inexpensive solution to investigating your legal options and sending legal documents to your HOA. No guarantee's of resolving your compliant.


Average Cost Ranges Between $150 to $350


State and Federal Agencies - Every state has  local government agencies that will assist with the investigation of homeowner compliant's against their HOA.  If homeowners use these agencies correctly, it would be like a shot across the bow of the Board of Directors.  You will get their attention and possibly a faster resolution to your issues.  HOA's  do not want the government investigating them.  No guarantee's, but your chances of a faster resolution are better.


No Cost To You - As A Resident Have 
The Entitlement To Use These Agencies.

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Homeowner Beware... Often internal dispute resolution, mediation and even arbitration are used to gather evidence against the other party. Any evidence you volunteer to the board, individual directors, association vendors, agents and management companies , even to your neighbors,  may be used against you in a later proceeding.