| |
 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.
|
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
Official Documents page.
Related Links
|
Want to keep up with happenings in South Cove, and find
out about upcoming events before the posters are
taped to the mailboxes? Send e-mail to
to sign up to
receive important notices via e-mail. Please mention
your name and South Cove address.