Example Of A Successful Mediation – HOA vs Land Owner

In a non-conventional subdivision, a property owner sought to construct a smaller, 900-square-foot vacation home with an RV pad. This decision sparked a conflict with the Homeowners Association (HOA) due to design standards violations.

Legal Implications and Initial Dispute
The HOA objected, citing concerns about maintaining the neighborhood’s integrity and not wanting to evolve into an RV park. The property owner highlighted existing smaller homes in the subdivision and questioned the vague language in the HOA documents about minimum home sizes, seeking validation for their plans.

Mediation Process and Uncovering Precedents
As the conflict headed toward court, mediation was suggested. Both sides held firm to their perspectives, emphasizing the quality and purpose of the proposed construction. Mediators delved into the history of smaller homes in the HOA, hinting at potential inconsistencies in enforcement that could invalidate certain HOA regulations.

Exploring alternative solutions
Mediators probed deeper, addressing the core objection of the HOA: the fear of a precedent leading to a transformation into an RV park. The suggestion emerged to rearrange the property layout, placing the motorhome behind the primary residence while adding a small utility room to meet the square footage requirement.

Negotiation and resolution
After several discussions and property walkthroughs, a compromise emerged. The property owner adjusted the layout, adding a utility room to meet the square footage demand. Simultaneously, the HOA solidified regulations to prevent similar cases in the future, safeguarding the community’s integrity.

Conclusion and Avoidance of Legal Action
Through meticulous mediation and compromise, a potential court battle was averted, maintaining harmony between the property owner and the HOA. The resolution not only met both parties’ needs but also fortified the HOA’s rules for future scenarios.

Embracing Mediation
Mediation proved instrumental in resolving this complex property dispute. For inquiries about mediation or similar conflict resolutions, please reach out to us via our website or leave your comments below.

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