CAI advocates for communities to adopt policies that offer resolutions for disputes between individual homeowners and the association.
Alternative Dispute Resolution (ADR) State Statues Map
For information on state community association ombudsman programs, click here.
Fifteen states have statutory language either mandating alternative dispute resolution (ADR), or otherwise create official pathways to seek ADR. Each statute is unique, and some involve existing ombudsman offices.
Click on one of the blue states to learn more about the state's ADR statutes.
State | Does the state have mandatory ADR? What is the relevant law? | Does the state have an ombudsman or other designee for community association issues? What is the contact information? | Does the attorney general of the state have jurisdiction over homeowner internal governance matters? |
Owners may petition the Department of Real Estate for an administrative hearing. Civil penalties may be assessed by an administrative law judge.
| No | No | |
No | No | ||
Community associations are encouraged to include ADR processes in declarations, and mediation/arbitration may be sought by all parties before a dispute is brought to court.
Mandatory mediation for lien foreclosure cases. At least thirty days before initiating legal action to foreclose a lien under this section, the association shall provide written and electronic notice to the unit owner or the unit owner's designee that the unit owner has the right to engage in mediation prior to litigation. To initiate mediation, the unit owner must respond within thirty days after the date of the notice. | Yes
Amanda Lopez HOA Program Assistant 1560 Broadway, Suite 925, Denver, CO 80202 303-894-2166 | No | |
Governing documents may require that disputes between the board and 2 or more unit owners be submitted to ADR.
| Yes
Christopher Curtin CIC Ombudsman 820 N. French Street Wilmington, DE 19801 (302) 577-8943 | No | |
Condominiums - Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation has the power of nonbinding arbitration and mediation in disputes between owners and associations. Election disputes are not eligible for mediation.
HOA- Establishes a formal process for mediation to be sought prior to filing a lawsuit.
| Yes
1400 W. Commercial Boulevard, Suite 185-J Ft. Lauderdale, FL 33309 954-202-3234 | No | |
Mediation
Arbitration
Voluntary Binding Arbitration
Trial de novo and appeal
| No | No | |
Ombudsman allowed to assist with dispute resolution measures in accordance with an association’s governing documents
| Yes
Adrienne Levatino CCIC Ombudsperson 100 West Randolph, 9th Floor Chicago, IL 60601 (844) 856-5193 | No | |
Maryland Condo Act has a detailed dispute resolution procedure in Sec. 11-113 on the Maryland Ann. Code.
Montgomery County- Commission on Common Ownership Communities is given the power to mediate and issue binding rulings.
Prince George’s County- Commission on Common Ownership Communities must mediate within 30 days, and community associations may not continue enforcement action during that time. | Montgomery County Ramon Espin, Manager III 1401 Rockville Pike, 4th Floor Rockville, MD 20852
Prince George’s County 9200 Basil Ct., Suite 105 Largo, MD 20774 | No | |
Condos- Bylaws required to contain a provision stating that disputes between owners are to be handled via ADR. | No | No | |
Establishes authority for the Ombudsman to resolve community association disputes. | Yes
Jason O. Wyatt CIC Ombudsman 3300 W. Sahara Avenue, Suite 325 Las Vegas, Nevada 89102 (702) 486-4480 | No | |
The association shall provide a fair and efficient procedure for the resolution of disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation. § 45:22A-44(c). Planned Real Estate Development Act
NJ Condominium Act, NJSA 46:8B-14 (k). An association shall provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation. A person other than an officer of the association, a member of the governing board or a unit owner involved in the dispute shall be made available to resolve the dispute. A unit owner may notify the Commissioner of Community Affairs if an association does not comply with this subsection. The commissioner shall have the power to order the association to provide a fair and efficient procedure for the resolution of disputes. NJ Department of Community Affairs Regulation, NJAC 5:26-8.2 (c) The association shall provide a fair and efficient procedure for the resolution of disputes between individual unit owners and the association, and between different unit owners, that shall be readily available as an alternative to litigation. “Therefore, so long as the unit owner and Association have a legitimate basis under the by-laws, the deed, or related covenants to file a suit, same may be filed pursuant to N.J.S.A. 46:8B–16(b) without first resorting to alternative dispute resolution. However, consistent with N.J.S.A. 46:8B–14(k), once a suit is filed, either litigant may seek to dismiss the matter if they choose to make use of the alternative dispute remedy which must be made available to them under the Condominium Act. In other words, submission to ADR is not a prerequisite to suit, but once a suit is filed, the respondent in the action may seek to have the matter sent to ADR under the statute. | No | No | |
| NM | Board must provide an opportunity for lot owners to provide a written statement when a fine is being considered. Gives owners the right to seek ADR but does not mandate it. | No | No |
Condo disputes on meeting procedures, quorum violations, proxy voting, and association records may be brought to the Bureau of Consumer Protection.
Mandatory ADR for condos.
Coop disputes on meeting procedures, quorum violations, proxy voting, and association records may be brought to the Bureau of Consumer Protection.
Mandatory ADR for cooperatives.
Planned community disputes on meeting procedures, quorum violations, proxy voting, and association records may be brought to the Bureau of Consumer Protection. Mandatory ADR for planned communities. | No
| ||
Department of Consumer Affairs given authority to investigate HOA-related complaints and encourage dispute resolution. | Yes
South Carolina Department of Consumer Affairs PO Box 5757 Columbia, SC 29250-5757 (803) 734-4200 | No | |
Declarations may provide provisions on ADR for disputes.
Ombudsman has the power to hear disputes and offer referrals to ADR services. | Yes
9960 Mayland Drive, Suite 400 Richmond, VA 23233 (804) 367-2941 | No |