Legislation to Establish a Pilot Program to Mediate Condominium Disputes
CCOC has worked very hard during the past several years to try to get legislation passed that gives unit owners a quick and much less expensive alternative to filling a lawsuit against the Association in Superior Court. Unfortunately, primarily because of state budget problems in recent years, we have been unsuccessful.
This year CCOC presented a proposal to the Legislature’s Judiciary Committee, which has jurisdiction over condominium related legislation that would have given Small Claims Court jurisdiction to handle many types of condominium disputes that it currently cannot handle. The Judicial Branch did not embrace our proposal and perhaps for that reason, there was not enough support on the Judiciary Committee for our proposal to be drafted and voted out of committee.
However, the Judiciary Committee did support a bill that sets up a Pilot Mediation Program for condominium disputes, which would be in the Probate Courts, This is House Bill 7031, “An Act Concerning the Establishment of a Pilot Program for the Mediation of Condominium Related Disputes.” The Probate Court Administrator spoke in favor of the bill and supports it’s adoption.
House Bill 7031 requires the Probate Court Administrator, within available appropriations, to establish a three-year pilot mediation program for disputes between one or more unit owners and a condominium association. He must select two administrative regions in which the program will operate.
Participation is voluntary for both parties, and either party may withdraw at any time. The requesting party must pay a $250 filing fee.
The bill does not contain any provision for returning any the filing fee, or any portion of it, if the unit owner or Association decides not to participate in mediation, or withdraws from participation, before the mediation process is complete.
Under the bill, a specially assigned probate judges will conduct the mediation. If mediation is successful, the judge must help the parties prepare a written agreement, which the parties and judge must sign. Either party may enforce the agreement in court. The bill limits the disclosure of information obtained during the mediation.
The bill would become effective on October 1, 2015.
CCOC did not sponsor this bill, or speak in favor of it. CCOC preferred the Small Claims Court proposal that it presented to the Judiciary Committee. But House Bill 7031 was voted out of the Judiciary Committee and has a chance to be enacted this year. House Bill 7031 is currently on the House of Representatives calendar, which means the House can vote on it. If the House passes the bill, it will go to the Senate for its consideration.
If you favor or oppose House Bill 7031, please let your state legislator know about it. You can find out how to contact your state legislator by going to the Connecticut General Assembly website (http://www.cga.ct.gov)
We think the House or Senate should amend House Bill 7031 before it adopts it to give the probate judge the authority to actually decide some disputes instead of being limited to mediation. We also recommend an amendment to at least provide for a partial return of the filing fee if the other side refuses to participate.
We also think the legislature could strengthen the bill by adding some incentives for both parties to participate in the mediation. For example, House Bill 7031 could be amended to provide that if a party refuses to mediate, and then subsequently looses a court case filed by the other party dealing with the same issue, there would either be a requirement or a presumption that the judge would award the party who won in court his or her reasonable attorney fees and costs.
Finally, we recommend that Bill 7031 be amended to include a requirement that the Probate Court Administrator report to the Legislature, on an annual basis, on how the program is working including such information as (a) the how many requests for arbitration were filed; how many were filed by unit owners and how many by Associations; (b) how many mediations actually occurred; (c) what were the outcomes; what types of matters were submitted for mediation, (d) recommendations if any for improving the effectiveness and utilization of the mediation process, and (e) recommendations if any for expanding, contracting, or eliminating it with reasons offered.
If you are interested in reading a copy of House Bill 7031 and a complete summary of it, go the Connecticut General Assembly website (http://www.cga.ct.gov) and type in the 7031 in the box on the upper right hand side of the web site’s home page.
If you contact your legislator about this bill, ask him or her to consider supporting or introducing an amendment to strengthen the bill in one or more of the ways mentioned above.
CCOC will continue to fight for the establishment of a forum where unit owners can go to resolve disputes with Associations, which is less expensive for unit owners and which can decide the dispute in a relatively short time.
Attorney George Coppolo of Hartford is a member of the Connecticut Condo Owners Coalition’s board of advisers.
Finally, a somewhat refreshing possibility that will allow disputes to be taken out of the Superior court and possibly moved to a venue that might actually result in something positive. While I have not yet read the bill, I do have many questions about it that will come forth after review.
The article does not address if in small claims court the dollar value that can be heard. Is it leaning to the amount currently allowed in Small Claims? If so, that is a problem. Is the mediation result binding? If so, that could be a problem.
Regardless, it is a step in the right direction. We have been unfortunately involved in having to proceed through the court system yet again with no choice but to do so. We look forward to continued reporting on this subject matter.
Its time that something can be done for the many frustrated condo owners that have been having problems with the management companies and their board of directors. They have become very difficult to work with. Threating to the point that many seniors in our condo are afraid to complain. One of the management staff is a bully. Disrespects the owners who are having major problems. When asked to show them records, they say its none of our business.
I had damage done to my apartment My insurance covered the replacement of the carpeting. Their Insurance company tried reaching them several times and never received a call back. Finally, after several tries their insurance company gave me the name of their claim agent. She set up a date to view my apartment ( this was several weeks after the initial damage was done) Finally the management sent someone to meet at my unit when the claim adjuster was here. When asked about why this wasn’t done earlier, he said they were never notified. The adjuster said that was a lie. Not only did she call several times and left many messages, The insurance company called many times without any return calls. At that meeting he told the claim adjuster that he would deny and claim made. She said what are you talking about. As it stands now. Their insurance company sent out a check to cover my damages. I have called the management company several times. I was told that someone will contact me. As of today I have not heard from them. I have not received the check. They have the check…. I AM NOT THE ONLY OWNER WHO HAS PROBLEMS WITH THE MANAGMENT COMANY AND THE BOARD.
Just a point I want to emphasize the board of directors is YOUR board not the management company’s. The management company works FOR the board and takes instruction from the board. So you should really take this up with your board.
Yes, I have been pushing to get this bill through for approx. a year. I have promised myself that this will be the year that something will happen. To make things happen faster we all need to keep calling and supporting this bill. One person will not make this happen. Speak to your state rep. and let him or her know how you feel about this bill and any other problems you are having in your complex.
Yes, I am glad to see that something might happening to help all of us who have condo problems. I have been fighting to get this bill back on the passing track. Please, let your state rep know that you want this bill to pass. That is important, one person can not do the job that a group of many can accomplish faster. Keep up the great work.
The majority of disputes between unit owners and associations are over violations. We have to recognize the fact that peaceful community living requires not only cooperation and consideration of others, but also a willingness to abide by the rules we agreed to when signing the deed. Unfortunately the small percentage who feel above the rules move into our complexes causing havoc. Rather than amend their behaviors they run to legislators to create or change laws in order to enable them to continue their antisocial activities. Theirs is the “nobody is going to tell me what to do.”
Currently if a violation continues after a unit owner has been notified, the unit owner is invited to a board meeting/hearing to discuss the issue. If the unit owner complies, remedy is reached and the issue is closed. If the unit owner chooses to ignore the violation notice and subsequent notice for a hearing, then fines are imposed (to the extent allowed by law). It’s not rocket science, but what could a mediator/arbitrator do differently? Keep in mind that once an association moves aside a rule and regulation in order to placate a unit owner, the Pandora’s box opens, allowing others to do the same. Unit owners should be treated fairly but equally. Imposing more responsibilities on our probate courts is inequitable and unrealistic.
If you seek justice, create a mediation board consisting of citizen condo board members sprinkled with a few “unit owners at large.”
Veritas, I agree with you 100%. You hit the nail on the head and I don’t think it could be said any better. The problems are absolutely caused by those who feel they don’t have to follow any rules. It’s their life, their home, their world, and nobody counts but them.
“Either party may enforce the agreement in court. The bill limits the disclosure of information obtained during the mediation.”
Why limit the info which would be needed to prove your case to collect on the agreement in court? This is a waste of time because if you win your case, make an agreement, and the other party refuses to pay or follow through- you are back at square one, only this time with no proof.
I think the opportunity to strengthen the bill is essential. I don’t believe there are only cases involving following the rules.
I was the subject of a law suit by my community where facts were distorted. The condominium’s attorney used vicious terms at board meetings to convince the association units owners to sue me. The short version of this law suit is that I was sue for 3,200.00 which was an insurance deductible and minor other expenses paid for damage done to my unit as a result of a flood in my basement cause by the condominium’s negligence. I was covered by the condo’s insuranusince I was an officer at the time of the flood.
I was harassed by the board before it went to court costing me 5,000.00 in legal fees personally. The insurancee company paid about 9,000.00 for my legal fees and the association paid about 15,000.00 in legal fees to research the case and bring it to court.
I won the case in court. This is a case of a large law firm looking to generate fees and a ignorant board with vendetta. This is a small community and I am a business woman. This suit and the lies and allegations could have ruined my business. This behavior had to be mediated without the big legal bills attached. I am now president of the association and the biggest troublemaker has moved.
Dear Pam,
we have a outside Manager/President without a license or registered with the DCP. Wed are being flooded in our home every time it rains. the problem cost us near $4,000 last year. We were lied to regarding who would fix our interior damage, the leak has returned again this year we are desperate to get legal help.
Our condo insurance did not cover us.
This is good I am really hoping this bill will pass with a few more steps that need to be implemented. Small condo associations that are self managed need to stop making huge mistakes in special assessments due to their lack of knowledge. It takes a lot more work being a board member than just planting pretty flowers, picking a paint color and a second layer of pretty colored shingles for your old worn out roof.
YOU SAID IT ALL! I too hope this bill passes. We need it badly. We need something. This bill has been kicking around for a few years. Its time to get the help needed. For a board and management company to think its okay to spend $200.000.00 on repairs and replacements to a complex and not give us seniors any paper work including minutes is just un-thinkable. Then they have the nerve to hand us our part of the assessment. We who live on fixed incomes and are told that we have to drive to orange or Greenwich to just read the minutes and leave is abusive to them. who can’t even walk to their front door to get their newspapers. Some have to have their mail brought to their door since they can’t walk to their mail boxes. The abuse goes on with the help of the Boards and Management companies. I have been pushing to get this bill passed. It doesn’t solve all the problems, but it’s a start. To get anything done we all have to support each other.
I really would hope this legislation would pass. We are a small condo complex of 31 single detached units. We are not lawyers and trying to interpret the by laws especially in separating limited com and common element responsibility has been challenging. I am board president and would love to see this enacted.
I have been pushing for this bill to pass for the passed few years. Finally, I’ve gotten somewhere. I spoke to Senator Liniars and anyone else that I could think might just help. I to am tired of the old school whip and authority the boards and Management companies rule with. When the time comes and you as a senior or elderly are told that they can not have minutes to meetings if they are not present, takes me back to old world tyrants. These people need to get a grip. Seniors and elderly people are unable to drive let alone walk to their front doors to get their papers. I myself, have serious medical issues and am facing serious sugery soon. My doctor says “NO MORE CONDO MEETINGS, GET YOURSELF 5 CATS! I laughed but he stated,” I’m not kidding.” If you don’t do as I ask you will not be around much longer.” So when the board and Management company went out a spent $200,000.00 without giving anyone any bids to look at before the work was done I became very upset. I also live in a small complex, there can not be any reason why people my age and living on a fixed income have to just accept this kind of behavior from boards and management companies. We are just older not seinile, and deserve minutes and bids just as anyone else who does go to the meetings. I hope and pray that everyone supports this bill. It does not solve all problem, however it is a start and does help somewhat. I will continue to support any bill that comes up that helps condo owners. I am also supporting a bill brought up by Senator Blumenthal also that supports seniors living on fixed incomes. I still say that we all need to support each other. Thanks
Well, I’m back! Sorry for not keeping up with my comments, however I first needed to step back for a time and take a deep breath to begin again. Since my last comment I wound up in the hospital twice. Things seem to be moving very slowly. But, they are moving. I know not as fast as everyone would like but better than not at all. I wish things could go faster so I can see some ending to this whole mess. I have accepted the fact that I may not. But I tried, and will continue to try. Things are not getting any better where I am. With my harassment from the board and management over my health issues a few months ago I have gotten angry and that did not do me any good but shorten my time to possible life threatening surgery. I have been trying to not go there. The Board and management co sent one of there workers to ask “whats your doctors name and telephone number, because I need to speak with him about your health issues.” I declined. Then a second call, I declined. Then a third time, but this time she stated that she was a nurse. I stated “If you were a nurse you wouldn’t be asking these questions. I now have a lawyer. I have also passed this on plus other issues to the Attorney General Jepson. I am very surprised that he hasn’t takes some action. So as of today I keep hoping that something happens to stop all this. Today I think that the state fire all Boards and Management Companies and let the condo’s manage themselves. This will help with 100% disclosure on all actions that will happen in the condo complexes and save them money, give some power back to the unit owners. If East Hartford can do this and is successful why can’t others. Keep on supporting each other. As long as we stick together and support each other something good has to happen. It may not be what we want in the end but, at least something has happened.