A Win-Win: The Case of Successful HOA vs Landowner Mediation
Download MP3Case Overview: Mediation of a property dispute between a property owner and a subdivision HOA over a non-standard home build.
- Background: The property owner wanted to build a 900 sq. ft. vacation home with an RV pad on a vacant lot in a subdivision with homes ranging from the 70s to 2000s.
- Dispute: The HOA objected to the project, citing non-compliance with design standards, but there were existing homes in the subdivision smaller than the proposed build.
- Legal Action: The property owner filed a lawsuit against the HOA, and mediation was suggested by the court as a potential solution.
- Mediation Involvement: Both sides presented their arguments:
- Property owner: A high-end, luxury design with a motorhome used part-time alongside the home.
- HOA: Concern about the property becoming an RV park.
- Key Issues:
- Variance in home sizes already in the neighborhood.
- The ambiguity of the HOA's CC&Rs regarding home size and primary residency.
- The HOA’s desire to maintain design standards and prevent the area from becoming an RV park.
- Resolution:
- The property owner agreed to reverse the layout of the home and add a small utility room to reach the 1000 sq. ft. requirement.
- HOA agreed to formalize the square footage issue and clarify that primary residences must be actual homes, not motorhomes or trailers.
- Both sides reached an agreement that avoided a court case, preserving the HOA's rules and protecting the property owner’s interests.
- Takeaways: Mediation helped resolve a potential legal battle by finding a compromise that satisfied both parties while maintaining HOA integrity.
For questions about mediation or further details, feel free to contact us via our website or leave a comment below.
