Resolving HOA Disputes: Mediation, Arbitration, and Beyond

Conflict is unavoidable in any community, but how an HOA responds makes all the difference. In this episode of The Uncommon Area, Matthew Holbrook and attorney Sandra Gottlieb of Swedelson Gottlieb walk through effective strategies for handling disputes without unnecessary escalation.

Key Insights:

1. Common Sources of Conflict
Short-term rentals, noise, harassment, and architectural disputes often create tension between homeowners and boards.

2. IDR and ADR Explained
Internal dispute resolution (IDR) is a required first step in many states. Alternative dispute resolution (ADR) includes mediation and arbitration, both designed to avoid costly litigation.

3. Why Mediation Works Best
Mediation fosters dialogue and compromise. Unlike arbitration, it keeps decision-making with the parties involved and avoids binding outcomes that can overstep governing documents.

4. Arbitration and Litigation Risks
While faster than court, arbitration often removes the right to appeal. Litigation, though sometimes necessary, is costly and adversarial. Boards should consider insurance coverage and long-term financial impacts before pursuing it.

5. Humanity in Decision-Making
Sandra shares a case where creative, compassionate solutions saved money and respected residents’ humanity. Boards that listen and act reasonably can often avoid escalation entirely.

Closing Thought:

For HOAs, dispute resolution isn’t just about rules—it’s about people. By embracing ADR and thoughtful communication, boards can resolve conflict while preserving community harmony. Listen to the full episode for practical strategies.

Learn more about Sandra Gottlieb here!