§ 13-319. Mandatory Alternative Dispute Resolution; filing disputes.

(a)

Any registered community association and/or an owner may request alternative dispute resolution subject to the following:

(1)

A party may not file an alternative dispute resolution request with the Office until the party makes a good faith attempt to exhaust all procedures or remedies provided in the association documents.

(2)

If a party requests the alternative dispute resolution procedure, the Office shall notify all parties of the filing and of the alternative dispute resolution session.

(3)

The Office shall provide a qualified alternative dispute resolution specialist to meet with the parties within thirty (30) days after a party requests the alternative dispute resolution procedure to attempt to settle the dispute and render a written decision within 60 days.

(4)

A party may file a dispute with the Office thirty (30) days after any procedure or remedy provided in the association documents has been initiated before the association.

(5)

The community association may not take any action to enforce or implement its decision until the time to file a request for alternative dispute resolution process has been exhausted and the opposing party has not requested alternative resolution process.

(6)

When a dispute is filed with the Office, a community association may not take any action to enforce or implement the association's decision until the process under this Section is completed.

(7)

A community association member may not file an action in any Prince George's County Court until he/she has first attempted conflict resolution as outlined in this Section.

(8)

The Office may investigate facts and assemble documents relevant to a party if, in its opinion, a dispute was not properly filed with the Office. The Office may dismiss a dispute if it finds that there are no reasonable grounds to conclude that a violation of applicable law or a violation of any association document has occurred, or it may investigate further.

(9)

No association member or its representatives will be allowed to petition the courts for resolution to a matter until all options in this Section/Subsection have been exhausted.

(10)

The Office may reconsider the dismissal of a dispute under this Subsection if any party, within thirty (30) days after the dispute is dismissed shows that:

(A)

The Office erroneously interpreted or applied applicable law or an association document; or

(B)

Material issues of fact that are necessary to a fair resolution of the dispute remain unresolved.

(11)

Dismissal of a dispute shall not prevent a parties' rights to file a claim in the appropriate court.

(b)

The parties to an alternative dispute resolution session may not use any statement or information from an alternative dispute resolution session in any later court proceedings and alternative dispute resolution specialists and intake staff in the Office may not be compelled to testify in a court proceeding related to an alternative dispute resolution session.

(CB-58-2015)