What is the process for resolving disputes between condo owners and an association?
In Virginia, disputes between condo owners and an association can be resolved through either arbitration or a court proceeding. Arbitration is typically the first course of action for resolving a dispute. This is an informal process that is less expensive and quicker than court proceedings. In arbitration, a neutral third party (arbitrator) listens to both sides of the dispute and makes a decision on the matter. This decision is then accepted and binding, unless either side decides to pursue a court proceeding. If arbitration does not resolve the dispute, the condo owner and association can pursue a court proceeding. This involves a formal complaint being filed by the condo owner against the association. Each side of the dispute will present their case to a judge and the judge will decide the outcome based on the evidence presented. In either case of arbitration or court proceedings, each side should seek the services of a qualified attorney. The association should have a lawyer familiar with condo law and the condo owner should seek legal counsel experienced in condo disputes. In Virginia, both arbitration and court proceedings are an effective way to resolve disputes between condo owners and an association. The process for resolving these disputes can be complex, so it is important to research and understand your rights as a condo owner.
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