Dispute Resolution / Taping - HB2290

HB2290  has been introduced in an attempt to force condominiums and planned communities to engage in a pre-lawsuit dispute resolution process and to make changes to last year’s statute regarding taping of meetings.  Click here to view HB2290: HB2290 Introduced Version.  The bill, if passed, would eliminate the ability of condominium and planned community associations to adopt “reasonable rules” regarding taping of meetings but would allow the association to require at least 24 hours advance notice an intent to record a meeting.   With respect to dispute resolution, HB2290 would not allow a condominium or planned community association to file a lawsuit against an owner (for any reason including assessment collection, enforcement of the documents, etc.), or an owner against their association, unless the parties first submit the dispute to a “nationally recognized arbitration association” or the parties may agree to mediate the dispute.  Each side must bear their own attorneys’ fees and costs in mediation, but the arbitrator can apportion the fees.  What is a “dispute”?  Does it take two sides who disagree to be in a dispute, or does “dispute” mean any complaint one side has against the other?   Is this the “Nationally Recognized Arbitration Association Full Employment Act?”