| It seems a paradox: in order to enjoy your | | | | sell your apartment, and live somewhere else? |
| independence in a condominium, you must accept the | | | | Tip #3: Know How To Get What You Want |
| cost of inter-dependence. You have to abide by the | | | | Condominium owners have several options for |
| house rules, and get along with board members, | | | | resolving conflict. Each option entails an increasing |
| neighbors and managing agents, who can make your | | | | amount of time and money, and can be used before |
| life there more enjoyable, or more miserable. | | | | trying the next one. |
| Of course, the vast majority of condominium owners | | | | Obviously, the first option is to work things out by |
| understand the need for clear regulations, and the role | | | | yourself. Ideally, the result should be an agreement that |
| of board members and managing agents in enforcing | | | | everybody can live with and is compliant with the |
| them. That is why few condominium conflicts are really | | | | house rules. A lot of conflicts can be resolved this |
| about what should have been done. Most of the | | | | way, provided all parties have sufficient communication |
| conflicts are about how people communicate. When, | | | | and negotiation skills. |
| for whatever reason, condominium owners feel their | | | | The second option is to ask the assistance of a |
| opinion is less important than the house rules, it's quite | | | | professional mediator familiar with condominium |
| easy to feel resentful and consequently to become | | | | disputes. Mediation is a process where parties who |
| hostile. At that point, the fact that the house rules are | | | | disagree meet with a neutral party, who facilitates |
| reasonable and crystal-clear may not be enough to | | | | communications and negotiations between them, for |
| prevent a personal war. | | | | reaching their own agreement. The mediator has no |
| It is always in the condominium owner's best interests | | | | decision-making authority. The parties decide how to |
| to resolve conflicts with board members, neighbors or | | | | resolve their problem in a way that is mutually |
| managing agents as soon as possible, through clear | | | | acceptable. They also have the opportunity to discuss |
| and effective communication. The more time goes by, | | | | how to maintain their condominium relationship, by |
| the harder and more expensive any solution becomes. | | | | communicating more effectively and respectfully. |
| Therefore, it helps to know what one can do to take | | | | The third option is arbitration. The condominium dispute |
| care of one's peace of mind and wallet. | | | | is submitted to a neutral arbitrator who examines the |
| Tip #1: Calm Down | | | | evidence, listens to the parties, and finally renders a |
| When our mind is filled with anger, problems inevitably | | | | decision. Inevitably, one party wins and the other loses. |
| seem much bigger than they really are. Besides, anger | | | | Arbitration can be either binding or non-binding. In the |
| is contagious. Your anger stirs up somebody else's | | | | former case, the award made by the arbitrator is final |
| anger, and pretty soon the situation blows out of | | | | and cannot be appealed. In the latter, a party can still |
| control. If you wish people to stay calm and be | | | | go to court for a trial de novo, which in plain English |
| respectful to you, there is only one thing you can do: | | | | means trial from scratch. |
| start first, and set a good example. It usually works, | | | | The fourth option is going to court. Like the arbitrator, |
| helps a lot, and costs nothing. | | | | the judge makes a decision based on the facts (who |
| Tip #2: Know What You Want | | | | did what, when, where, and how) and the law. For |
| Before arguing with board members, neighbors or the | | | | condominium owners, ending up in court has two major |
| resident manager, be prepared. Here are just a few | | | | drawbacks. First, it always has a detrimental effect on |
| questions you need to ask yourself:o What is exactly | | | | the future relationship between the parties. Second, it |
| the problem?o What do you want your listeners | | | | can be very expensive, in terms of time, money and |
| specifically to do?o What makes you think you are | | | | headaches. Nonetheless, litigation is a valid option for |
| being reasonable?o What are your fall-back | | | | condominium owners who are particularly angry, or for |
| alternatives?o Under which conditions would you rather | | | | disputes that cannot be resolved in any other way. |