What happens after I file an Intervention Affidavit?
Staff at the Ombudsman’s office review the affidavit to make
sure it is complete and to make sure you sent certified mail notice to the
Respondent regarding the exact issues you are complaining about. If so, then you and the Respondent will get
letters that summarize your complaints and set up a date for a possible
Ombudsman’s Conference. This Ombudsman’s
Conference will be a meeting between you, the Respondent, the Ombudsman and/or
the Program Officer. The Ombudsman
and/or Program Officer will assist the parties in communicating about the
complaints in a neutral, peaceful setting.
Do I have to fill out an affidavit for each complaint
against my HOA?
No, you can have more than one issue on an affidavit, just
make sure your issues on the affidavit match the issues in the letter you send
to the Board of Directors.
Can the Ombudsman and/or Program Officer make rulings during
the conference to decide who is right - and who is wrong?
No - the Ombudsman by law gives guidance to the parties
deemed necessary to assist the parties in reaching a resolution of the concerns
raised in the Intervention Affidavit.
Any adjudication on the merits of the case must be by the Commission,
its designated Administrative Law Judges, or arbitrators in the Alternate
Dispute Resolution ADR program.
What happens if we don’t reach an agreement?
It is up to the individual whether or not to continue to
pursue his or her concerns. In some instances, the conference “clears the air”
and at least enables individuals to understand the point of view of the other
side. In other instances, the Complainant continues pursuing the concerns
either through a review by the Compliance Section or by filing for Arbitration
or Formal Mediation through the Alternate Dispute Resolution (ADR) program.
My association won’t foreclose on my home over a $300
assessment, will they? What right do they have to do this?
They have the right to.
Homeowners associations rely on assessments to meet their obligations.
Associations generally do not want to foreclose on homes and view foreclosure
as a last resort since the drawbacks are considerable for the association,
including a continued loss of income, and a potentially vacant, unkempt home.
I want to file an Alternative Dispute Resolution
complaint. How do I do it?
Follow this link to ADR Form 523. This form provides a brief
description of the three methods of dispute resolution that make up the program
- the Referee process, Mediation, or Arbitration. Parties are required to
participate in either the Referee process or Mediation before considering
Arbitration. The form lists the procedures each party associated with the claim
must follow. Once you decide to utilize the ADR process, the next step is to
submit Form 520, the ADR Claim Form. This form is interactive. It can be
completed online, printed, and mailed or hand-delivered to our office along
with the $50.00 filing fee. Our office hours are Monday through Friday from 8
a.m. to 5 p.m., except for state holidays.
There are three requirements to file an Alternative Dispute
Resolution complaint:
1. properly completed Claim Form 520 with:
- a) Complete name and address information for the Claimant(s)
and Respondent(s). Include phone numbers and e- mail addresses, if available.
- b) Your preferred method of resolution (Mediation or Referee
process).
- c) Your initials acknowledging that you have read and agree
to the policies stated in the ADR Overview Form 523.
- d) Your signature at the top of the claim form.
- e) Your selection of a Mediator or Referee on the last page
of the claim form.
2. A brief explanation of the dispute. You may also list the
page and section of your homeowner association’s Covenants, Conditions and
Restrictions (CC&Rs) that are applicable to the issue. 3. A $50.00 filing fee.