Hopewell Junction, NY asked in Arbitration / Mediation Law and Real Estate Law for New York

Q: How do I start an arbitration action between myself as an owner against my condominium building which it requires?

I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.

4 Lawyer Answers
Steven Warren Smollens
Steven Warren Smollens
Answered
  • New York, NY
  • Licensed in New York

A: You contact the arbitration organization as required by the condominium bylaws. You request the process to commence an arbitration.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Arbitration & Mediation Lawyer
  • Little Neck, NY
  • Licensed in New York

A: It looks like your remedies are governed by a mandatory arbitration clause. The organization named in the by-laws should have information in terms of filing fees, paperwork, etc. Large arbitration organizations, such as the American Arbitration Association, have online resources. Good luck

David H. Relkin
David H. Relkin
Answered
  • Arbitration & Mediation Lawyer
  • Manhasset, NY
  • Licensed in New York

A: I would like to view the Decision dismissing your action. I am an expert in arbitration and have handled over 100 cases. I aslso need to read the clause in the agreement and your claim against the Condominium to advise you. Arbitration can be a speedy device to resolve the issue, and an Award of an Arbitrator can be confirmed as a Judgment easily.

James L. Arrasmith
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Answered
  • Arbitration & Mediation Lawyer
  • Sacramento, CA

A: To initiate an arbitration action against your condominium building, you should first review your condominium association's bylaws and any relevant contracts to identify the specific arbitration procedure that you are required to follow. These documents often outline the process for initiating arbitration, including any notice requirements and the method for selecting an arbitrator.

After you've familiarized yourself with these procedures, send a formal notice to the condominium association stating your intent to arbitrate and detailing the issues in dispute. You may then need to select an arbitrator from a provided list or through a service like the American Arbitration Association, depending on the rules set forth in your governing documents.

Ensure that you adhere strictly to the timelines and procedures specified to avoid any procedural dismissals. If necessary, engage legal counsel experienced in arbitration to guide you through the process and represent your interests effectively.

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