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Can anyone provide info on how they set up their Dispute Resolution commitees for a coop? What kind of info do you provide people on the committee with, how often do they meet or only when there is a dispute, etc. Any info would be helpful. We are in NJ.
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Steve,
Alternative Dispute Resolution is meant as an alternative to litigation, ie if perhaps a shareholder feels a coop or condo Board is not treating them fairly with regard to bylaws and rules or a discretionary board action or there is a dispute between two shareholders. The committee may not consist of any Board members to settle the dispute. Both the NJ Condominium Act and the Planned Real Estate Development Full disclosure Act require associations to provide a fair and efficient alternative to litigation for unit owners to resolve disputes btwn one another or with the association. The Association Regulation Unit of the NJ Dept of Community Affairs has the authority to require common interest communities to adopt ADR procedures.
At any rate, I'm looking to see if there are any coops in NJ that use ADR in their communities to compare notes. A friend of mine in CA has ADR at her condo association. Thanks for responding though!
Hi PK. Thank you for your explanation of the Alternative Dispute Resolution. It's a very interesting concept for condos, where there is essentially private ownership of each condo unit in a development. This is the first I've heard of ADR, and I've now learned something new. Thank you for taking the time to respond.
Very interesting concept. Does anyone know if there is something similar in New York.
PK
If you like we can provide you with some guidance on setting up your ADR processes/committee for your organization.
We are an alternative dispute resolution provider that works with insurers, municipalities and other entities seeking to create similar ADR programs and offerings.
We have panels of mediators and arbitrators in all states to include NJ that can handle disputes when they arise.
Initially I would suggest you consider creating an ADR clause in your co op and condo members agreement calling for mediation. I can provide you with some samples of ADR clauses if you like as well as info on deigning a dsipute resolutin process or conflict resolution team and mediator training if desired.
It would be helpful to know what sort of ADR offering are program you are interested in.Feel free to call me if you would like to discuss further.
Hillary Earle
Amicus Mediation & Arbitration Group
631.881.0882
and who exactly is steve rosenstein who SEEMS to answer and 'have an opionon' on all these ' questions' ?
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Hi pk. I've never heard of a co-op or condo having a formal dispute resolution committee. It doesn't mean they don't exist, but in my opinion, dispute resolution is a function of the board.
Can you provide some additional detail about the kinds of disputes a committee would handle? Are they disputes between just shareholders, or disputes between shareholders and the board?
Also, can you give us some idea of the size of your coop; number of apartments/buildings, etc? I can see a board-appointed committee triaging inter-shareholder disputes in a very large development, but acting more in a fact-finding capacity than as a final arbitrator.
I may be wrong, though, since I've never seen a co-op with such a committee.
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