Factual Scenario No. 1 — "Border Dispute"
The parties are neighbors in an HOA. One is residential, the other is commercial. The commercial owners have erected a surveillance camera system for their property on which they store building equipment and supplies. The residential neighbors, in response, have erected a fence that may or may not be on the property line because they feel that the cameras look directly into their home.
The commercial unit wants the residential unit to get a survey and relocate the fence.
The commercial unit wants the residential unit to get a survey and relocate the fence. The residential unit is balking due to the cost of the survey, and because a retaining wall on the property line will require special fasteners that are expensive. Both parties accuse the other of overactive surveillance and an inability to communicate.
Interests: The commercial unit owners have an interest in safety and protecting their property. They also do not want the residential owners adversely possessing any portion of their property with their
fence. The residential unit owners have an interest in privacy. Both parties have an interest in communication and a desire to be a good neighbor in the HOA. Neither party wants to go to court.
Both parties made a commitment to communicate with one another.
Resolution: The commercial owners committed to and fence replacement. The residential unit agreed to move the fence. The commercial owners agreed to re-direct their surveillance cameras away from the residential property, but they reserved the right to install them so that they covered the entirety of their property. Finally, both parties made a commitment to communicate better with one another, and the agreement they came up with set out realistic goals such as if one of their properties were affected, they would notify the other within a certain number of days and the other gave the commitment to respond within a certain number of days. They exchanged email addresses and phone numbers. If the parties could not agree, then they agreed to go back to mediation to resolve any disputes.
Factual Scenario No. 2 — "Indebted"
Unit owner Anne has fallen behind on her assessments. She thinks she can catch up, but only if there is a payment plan in place. She has asked the Board to mediate in the hopes of obtaining a workable payment plan that will enable her to pay off her assessments in six months.
She thinks she can catch up with a workable payment plan in place.
She will be asking for the Board to waive late charges and interest fees so long as payment is made by a certain date each month. The Board appoints one of its members to mediate on its behalf and then decides on what parameters would be acceptable to settle for. All Board members also agree to be available via email or become necessary.
Interests: The Board and Anne have a shared interest in getting her caught up on her assessments. The Board also has an interest in holding Anne accountable for her responsibilities under the Declaration, and Anne has an interest in the peaceful
Resolution: The Board is not averse to a payment plan, and while it is willing to waive late fees, it is not willing to waive interest. The Board believes that for the payment plan to work, Anne needs an incentive to pay off the debt as quickly as possible and believes that charging interest will provide this incentive. Anne agrees but wants to negotiate the interest rate. The parties successfully agree on an interest rate. The matter is then sent to the Board for their full approval.
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