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Old 04-01-2009, 04:55 PM
 
13 posts, read 28,440 times
Reputation: 14

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[SIZE=2][SIZE=2]We just received a 'snailmail' from our management firm informing us of an ADR hearing to be held soon. But this is my problem:[/SIZE]
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[SIZE=2]b) The NJ Dept of Community Affairs says:
[SIZE=2]Although there is no standard ADR procedure, there is one fundamental rule; the board cannot be the ADR provider. Thus, neither the board nor any member can sit as or with the ADR panel. The board or its members or agent or representative can appear and present the board’s position.[/SIZE]

Yet in the letter re: the ADR from our management firm it says:

"Once the ADR Committee has heard from you, or your representative and from Mrs. ........, the hearing will be closed. You will be advised of the ADR's recommendations to the Board of Directors and the final decision of the Board of Directors within thirty (30) days of the hearing."

Immediately following this, the management firm's letter reasserts that the Board makes the decision: "Should you fail to appear at the hearing, you will be in default, thereby forfeiting your right to appeal any decision made by the Board of Directors relative to this matter."

But isn't this in direct contradiction to NJ Dept of Community Affairs description above of the ADR?? As I read the excerpt from the NJ Dept of Community Affairs above, it seems to me that the NJ Dept of Community Affairs is saying that all the board or its members or agent or representative can do is appear and present the board’s position -- not decide the position. I can't see anything else in the NJ Dept of Community Affairs description of the ADR that gives them any other role...

Can anyone clarify??

Thank you
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Old 07-09-2009, 08:40 AM
 
1 posts, read 2,077 times
Reputation: 10
It is my understanding that the procedure is non-binding, unless an agreement is reached. Here is the problem - you must have two parties willing to compromise. Most likely, your Board will be trying to strong arm you. Either party may appeal to a court of law after the final determination - which may be that there is no determination. It's just a shot to try to avoid legal expenses. I would love to talk to you! YOu are a step ahead of me in the process. I am still trying to get to ADR with an uncooperative board that was never even officially elected - a group of non-renting owners trying to restrict pets in our building when our legally filed condo documents permit them without restriction. Any advice that you have for me is greatly appreciated!
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