CLRC/CAI Agenda Item
Rico
Friday, January 18 -- 9 am - 4 pm
__________________________________________________________
* * *
Nonjudicial Dispute Resolution Under CID Law [Study H-851]
Due Process in Association Rulemaking and Decisionmaking (Draft of Tentative
Recommendation)
Memorandum 2002-9 (BH) (to be sent)
Alternative Dispute Resolution (Discussion of Issues)
Memorandum 2002-10 (NS) (to be sent)
>> http://clrc.ca.gov/agenda.html
Alternative dispute resolution is also a CAI agenda item. (Reference: Evan
McKenzie, Privatopia: Homeowner Associations and the Rise of Residential
Private Government, 132)
http://users.erols.com/marylandhomeownersassociation/Privitopia.htm
"Now--I hope--you have a better appreciation of the basis for CAI's
enthusiastic support for arbitration, and the reasons why we, as a Board,
should stand on our resolution."
http://groups.google.com/groups?hl=en&selm=36119DF5.71BB%40erols.com
"It is not always cheaper.. People often have to hire attorneys who will go
through the same BS to run up legal fees... Just because they are not
arguing their cases in front of real judges is no reason for them not to
engage in economic warfare and try to financially ruin the opponent."
http://groups.yahoo.com/group/hoanet/message/197
"The arbitration was a fiasco."
http://groups.google.com/groups?hl=en&selm=G25m5.86599%243E6.824776%40news1.
alsv1.occa.home.com
"If DRE has to refer cases to mediation, it will never happen. I think your
own material showed problems with Maryland DRE oversight as being too
closely linked to the managers."
http://clrc.ca.gov/pub/Study-H-RealProperty/H850-CommonInterestDevel/MM01-54
s2-CID-DispResAdH-MX.pdf
"An ADR system operated by people with a CID industry mind-set could reflect
the aggressive, legalistic managerialism that seems to generate disputes
rather than resolve them." [Evan McKenzie, Privatopia: Homeowner
Associations and the Rise of Residential Private Government, 132]
http://www.yale.edu/yup/books/066384.htm
<<
Inherent Flaws in the Mediation-Arbitration Process as it relates to Common
Interest Developments
1. No Caps on Costs for Mediator or Arbitrator Fees
2. Neither Mediation nor Arbitration is *Per Se* Free
3. No Mandatory Rule that Due Process or Precedents be Taken into Account
During Proceedings, Deliberation, and/or Rendering of Judgment
4. Neither Mediation nor Arbitration Tolls the Statute for the Claimant
5. No Mandatory Disclosure of Educational Requirements for Mediators or
Arbitrators
6. Both Processes are Confusing for the CID Homeowner-Complainant
7. The Pressure on Homeowners of Being "Forced" to Choose Mediation or
Arbitration to Resolve Their Dispute, Places Homeowners in an Inferior
Position to Exercise Their Rights
8. Homeowners Can and Do, End up Paying the Respondent's Costs!
>> [Donie Vanitzian, Arbitrator; "The Temple of Blame: The Nonjudicial
Dispute Resolutions Under Common Interest Development Laws, are
Fundamentally Flawed"]
http://clrc.ca.gov/pub/Study-H-RealProperty/H850-CommonInterestDevel/MM01-54
s3-CID-DispResAdH-MX.pdf
P.Flamingo
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"Rico" <concernedh...@SPAMyahoo.com> wrote in message
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