Look in other divisions and you find dozens and dozens of condos in litigation. “Those are mostly foreclosures and assessments and monetary damages with contractors”, says Chatt.
In those cases the condo board of directors is told it is likely to win the case and that the judge will likely order the unit owner to pay the court costs and reasonable attorney fees. Not so for the many other kinds of disputes that often develop in condos.
My conclusion: in the many and sundry disputes involving “violations” and unwanted behaviors, most people in condo associations are not going to court. It’s too expensive and financially risky.
So, what are they doing if they can't threaten a lawsuit against the owners whose behavior is not contributing to the wellbeing of the community? They’re avoiding the conflict. But they’re stewing. They’re engaging in Cold Warfare. They’re giving the other party the Silent Treatment. And, they’re getting ready to sell their condo and get the heck out of condo living.
Regrettable. A mediative influence would in most instances lead to productive talking, a hashing out of the real conflict without the personal insults. Real solutions and changes good for all would be the result. Too bad more condo residents are not familiar with this other way of dealing with internal conflict.