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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2706
Experience:  Helping you with your legal questions.
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Thanks. i live in a condo - the Assoc. levied an 900.00

Customer Question

Hello and Thanks. i live in a condo - the Assoc. levied an 900.00 assessment on us and i want to go to 3rd party arbitration re: bylaws interpretation.. Who bears the cost of the arbitration process, the HOA or me as an individual?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Macomb, Michigan
JA: Has any paperwork been filed?
Customer: Just my letter to all of the Board members and the Mgt. company indicating my request for 3rd party arbitration;
JA: Anything else you want the lawyer to know before I connect you?
Customer: Our by laws reflect a 60 % approval of co-owners on a vote for Assessments.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 11 months ago.

Unless the condominium documents or bylaws say otherwise, and most likely they do not say otherwise, the parties in an arbitration are responsible for their own legal costs. The only way the other party would pay is if the other party purposes delayed the proceedings or prolonged the proceedings, or acted in bad faith during the proceedings. An arbitrator has some discretion in awarding damages. We can discuss more if you would like to do so.

Expert:  Damien Bosco replied 11 months ago.

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.