Why Sun City Anthem Needs an equitable way to resolve disputes without attorneys

A strong, vibrant community thrives on collaboration, communication, and fairness. Yet, many Homeowners Associations (HOA), including ours, often face challenges resolving disputes among residents, between residents and the board, or within the board itself. Without proper mechanisms in place, these disputes can linger, fester, and eventually erode the trust and harmony that hold a community together.

To address this, I firmly believe that the Sun City Anthem HOA needs a robust dispute resolution program using mediation and arbitration. Here's why.

The Problem with Unresolved Disputes

When the HOA board ignores residents’ complaints or deals with grievances in closed sessions without proper transparency or due process, it isolates community members and creates the perception of bias, secrecy, or even unfairness. A lack of resolution often fuels frustration, miscommunication, and division across our neighborhood.

Some boards may even escalate disputes unnecessarily, bypassing reasonable solutions in favor of costly litigation. Unfortunately, these lawsuits don't just cost the homeowners financial resources but strain relations between homeowners and contribute to an unhealthy HOA environment.

This behavior is akin to a "cancer" that silently grows within our community. Without addressing disputes in an equitable manner, we risk allowing conflicts to create a deep divide, eroding our shared values and goals as Sun City Anthem residents.

A Vision for a Better Resolution Strategy

To uphold fairness and accountability, our HOA needs a dedicated, well-trained owner committee to address grievances and disputes among neighbors or between residents and the board. Here's how this can work:

1. Establish an Independent Mediation Group

An owner committee focused on dispute resolution should be created, separate from current board members, that functions similarly to the ARC and the Covenants Committee. The Board should fund this group to undergo training in how to be, ensuring they’re equipped to handle disputes fairly.

2. Transparent and Inclusive Grievance Process

Homeowners could file grievances directly with this group, which would use structured and transparent processes to mediate conflicts. Tensions would be diffused effectively, and solutions crafted collaboratively.

3. HOA Board as an Appellate Body

The HOA board should not handle grievances directly, and it should not ignore them. Instead, it should act as the appellate body, reviewing decisions only if formal appeals are made. Board members must ensure their decisions remain compliant with the CC&Rs (Covenants, Conditions & Restrictions (CC&Rs 7.4 and 16.3) to avoid costly, unnecessary litigation.

4. Litigation as a Last Resort

With an owner-led, independent dispute resolution program in place, disputes would rarely escalate to litigation. The community would have a fair and accessible first step for resolving issues. If the Board believes litigation is unavoidable, the Board should obtain a vote of the membership to approve spending homeowners’ money on the litigation.

The Benefits of an Owner Dispute Resolution Program

If implemented, this mediation program could revolutionize our HOA dynamic. Consider just a few of the potential benefits for every Sun City Anthem resident.

• Enhanced Trust

Community members would regain confidence in the HOA board and its processes, knowing their concerns are addressed fairly and openly.

• Cost Savings

Mediation is quicker and far less expensive than costly legal battles, saving the HOA (and homeowners) thousands of dollars.

• Stronger Community Unity

With an emphasis on collaboration and problem-solving, residents would experience greater harmony and understanding, fostering a thriving neighborhood atmosphere.

• Prevention of Board Overreach

Through owner oversight and structured processes, this grievance program discourages unilateral, opaque decision-making, or expensive civil actions lacking homeowner consent.

My Commitment to Resolve

I’m running for the Sun City Anthem HOA board because I believe we can be a model for the Nation. My professional background in dispute resolution, along with my long history advocating for homeowner rights, makes me uniquely qualified to champion this initiative. My personal experience with this HOA’s mismanagement and exacerbation of disputes has taught me the value of fairness, transparency, and community voices being empowered to bring about meaningful change.

A mediation plan isn’t just a mechanism for resolving disputes; it’s a path to building a more inclusive, resilient, and thriving community. By ensuring every resident has access to justice without needless costs or drama, we pave the way for mutual respect and a brighter future for all our neighbors.

A Call to Action

If you share my vision for a transparent, accountable, and fair Sun City Anthem community, I encourage you to learn more about my platform on mediation and other critical issues impacting our HOA. Visit www.Nona4SCABoard.com for insights and updates, or reach out directly to share your concerns, ideas, and vision for our neighborhood.

Your vote matters. Together, we can create the community we all want to call home. Vote for me, Nona Tobin, and encourage the other candidates to commit to establishing an owner committee in exchange for your vote—ensuring a fairer, more collaborative approach to problem-solving within the Sun City Anthem.

References

• CC&Rs XVI-16.3 Dispute Resolution and limits on Litigation

• CC&Rs 7.4 Compliance & Enforcement

• NRS 38.310 Limitations on commencement of certain civil actions.