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Alternative Dispute Resolution

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ALTERNATIVE DISPUTE RESOLUTION

Q. 
As a member of our homeowners association, I am very unhappy with several of the policies established by our board of directors. Does the ADR process (Alternative Dispute Resolution) apply?

A. 
Only if the decision of your board relates to CC&R enforcement.  Otherwise, ADR does not apply.  Disputes not involving CC&R enforcement should be remedied through the election process.  Top


HEARING PROCEDURES

Q. 
Our board recently held a hearing to determine whether to fine a member for an alleged rule violation. The board allowed hearsay to be introduced. Is this allowable by law?

A. 
Yes. Boards are not required to follow the California Rules of Evidence used by courts. They may hear the evidence and then weigh it based on their own determination of its reliability.  Top








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