| Dispute Resolution
Our new Covenants document, which will take effect November 2, 2006, specifies binding arbitration as the final recourse to solve covenant-related disputes. We hope that by using this alternative to the filing of lawsuits, disputes can be resolved more quickly and with less expense and impact on personal relationships.
In October 2003, the Board approved a list of three dispute resolution agencies which may be used. This list may be modified by the Board at any time. Until the new document takes effect, the Board recommends that new dispute resolution policy be used on a voluntary basis.
Each of these agencies also provides mediation services and will likely encourage parties to work out an amicable settlement with the help of a mediator. If this does not seem feasible, an arbitrator will hear both sides and make a binding decision on what should be done. Information about mediation and arbitration is provided on each of the organization's web sites, linked below.
List of Approved Agencies
Dispute Resolution Policy
The following section of the new Covenants document describes the process for dispute resolution.
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ARTICLE VII: General Provisions
Section 3: Enforcement/Dispute Resolution/Arbitration. Any controversy or claim arising out of or relating to this Declaration of Covenants and Restrictions or any rules, regulations, or governing documents of the Association shall be resolved by arbitration administered by an arbitration service selected by the party that commences such arbitration from a list of arbitration services adopted by the Board of Directors of the Association. The arbitration will be administered in accordance with the rules of the selected arbitration service and RCW 7.04 of Washington State law. Commencement of the arbitration shall be by service of a Notice of Intention to Arbitrate in accordance with RCW 7.04.060. The arbitration award shall be final and binding, and judgment may be entered upon the arbitration award in any court having jurisdiction. Notwithstanding the above, a party may seek injunctive relief through arbitration or from any court of competent jurisdiction to prevent irreparable harm. The prevailing party in any arbitration or other legal proceeding shall be awarded its costs and actual attorneys fees. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. |
For full text of our current and future Covenants, visit the Governing Documents page.
Related Links
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