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Condominium Mediation

THE ISSUES

The Mediation Center of the Pacific can handle most types of disputes arising in condominiums:

  • Claims about property such as damages to an apartment from flood, termites, etc.
  • Actions of resident manager; apartment appearance in violation of house rules; or roof leak
  • Claims against the Board such as uneven enforcement of house rules; claimed harassment of owner; improper special assessment; inadequate notice of meetings of action; breach of fiduciary duties; or conflict of interest.
  • Claims against owners such as refusal to obey house rules; improper use of common elements; illegal pets or activities; unsightly clutter on lanai; or problems arising out of running a business out of an apartment.
  • Claims about employees such as resident manager not performing duties to the Board’s satisfaction; employee not performing to manager’s satisfaction; or disputes between co-workers.
  • Other claims such as between the Association and its vendors; neighbor complaints; or Fair Housing Act discrimination.

THE MEDIATORS

BACKGROUND

The Mediation Center’s mediators come from a wide variety of occupations including: educators, lawyers, realtors, business people, property managers, among others. Regardless of their background, mediators do not act as judges, attorneys, realtors, or “experts” in condominium law. Instead, mediators work with parties to explore mutually satisfactory solutions. The Mediation Center’s case managers match the assigned mediators’ skills, experience and training, with the type of dispute being mediated.

TRAINING

All Mediation Center mediators are initially required to complete 50 hours of training in general mediation and mediation of complex cases, as well as an apprenticeship program involving the co-mediating of at least ten cases with experienced mentor mediators. Upon completion of the training and apprenticeship, mediators are then evaluated to determine whether or not they have mastered the basic skills.

Mediators who handle condominium cases are experienced mediators who have participated in an additional 15 hours of special training focusing solely on condominium law and issues including:

  • Condominium Property Regime, HRS Chapter 514A.
  • Governing documents (Declaration, Bylaws, Rules).
  • Basics of condominium management.
  • Roles of Board of Directors & members.
  • Types of frequent disputes.

For more information, see the Hawaii State Department of Commerce & Consumer Affairs brochure on Mediation of Condominium Disputes by clicking here.