[§421J-13] Mediation of disputes.
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[§421J-13] Mediation of disputes.
(a)At the request of any party, any dispute concerning or involving one or more members and an association, its board of directors, managing agent, manager, or one or more other members relating to the interpretation, application, or enforcement of this chapter or the association documents, shall first be submitted to mediation.
(b)Nothing in subsection
(a)shall be interpreted to mandate the mediation of any dispute involving:
(1)Actions seeking equitable relief involving threatened property damage or the health or safety of association members or any other person;
(2)Actions to collect assessments;
(3)Personal injury claims; or
(4)Actions against an association, a board of directors, or one or more directors, officers, agents, employees, or other persons for amounts in excess of $2,500 if insurance coverage under a policy of insurance procured by the association or its board of directors would be unavailable for defense or judgment because mediation was pursued.
(c)If any mediation under this section is not completed within two months from commencement, no further mediation shall be required unless agreed to by the association and the member. [L 1997, c 132, pt of §1]