The WRA is working on recently introduced legislation, SB 512, that would create an opportunity for a condominium association and a condominium owner to resolve disputes with the use of alternative dispute resolution (ADR) techniques as an alternative to litigation. Disputes between condominium association owners and the association are not uncommon. However, in many cases, the parties pursue litigation because no ADR process is available.
Background:
- Require the association or unit owner to provide a notice of claim to the other party, and either party may, within 10 business days, request a direct negotiation conference.
- The conference must take place no later than 30 days after a request is delivered to resolve the disagreement.
- Direct negotiation means a dispute resolution process that involves an exchange of offers and counter-offers by the parties.
- A unit owner or the association may request a negotiation conference.
- SB 512 allows the unit owner or the association to file a claim in circuit court if negotiations fail to resolve the dispute for several reasons outlined in the bill.
What’s in play:
The WRA is working with state Sen. Rob Cowles (R-Green Bay) to provide condominium owners and associations with greater flexibility to choose which form of ADR they believe would be best to resolve their disputes.
Legislation status:
SB 512 has received a hearing and may be scheduled for action in the state Senate in early 2020.