Q&A: ADR vs. CC&Rs

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Q. ​​Does binding alternative dispute resolution (ADR) override condo governing docs? If the ADR changes the shared common ground expenses, do the members of the association have to vote on the changes? Do the condo docs have to be changed to reflect the decision of the arbitrator?

                                            —Wondering

A. Attorney Norman Briggs, founder of The Briggs Law Office, with locations in Philadelphia and Marmora, says, “Here are my responses under New Jersey Law: 

“Does binding alternative dispute resolution (ADR) override condo governing docs? The answer to this question depends upon the nature of the dispute. I would need further information/specifics to effectively answer this question.

“If the ADR changes the shared common ground expenses, do the members of the association have to vote on the changes? Once again, I would need further details/specifics to answer this question. 

“Do the condo docs have to be changed to reflect the decision of the arbitrator? They should be, assuming the decision will affect future rights of owners.”

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