INTERNAL DISPUTE RESOLUTION PROCEDURE
Q.
What do you recommend as a procedure for resolving disputes
between our association and members of the association?
A.
Homeowner associations are required by California law to
provide a fair, reasonable and expeditious procedure for
resolving disputes between the association and its members that
must satisfy all of the following requirements.
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The
procedure may be invoked by either party to the |
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dispute. A request
invoking the procedure shall be in writing. |
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The
procedure shall provide for prompt deadlines. The |
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procedure
shall state the maximum time for the |
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association to act on a
request invoking the procedure. |
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If the
procedure is invoked by a member, the |
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association
shall participate
in the procedure. |
If the procedure is invoked by the association, the member may elect
not to participate in the procedure. If the member participates
but the dispute is resolved other than by agreement of the
member, the member shall have the right of appeal to the
association's board of directors.
A resolution of a dispute pursuant to the procedure, that is not
in conflict with the law or the governing documents, binds the
association and is judicially enforceable. An agreement reached
pursuant to the procedure, that is not in conflict with the law
of the governing documents, binds the parties and is judicially
enforceable.
The procedure shall provide a means by which the member and the
association may explain their positions.
A member of the association shall not be charged a fee to
participate in the process.
The procedure is referred to as internal dispute resolution or
IDR. Top
FAILURE TO PROVIDE IDR PROCEDURE
Q.
What happens if our association has not provided an internal
dispute resolution procedure?
A.
The California legislature has created a default procedure
which follows:
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A member of an
association may refuse a request to |
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meet and confer. The
association may not refuse |
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a request to meet and confer. |
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The association’s
board of directors shall designate |
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a member of the board to meet
and confer. |
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The parties shall
meet promptly at a mutually convenient |
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time and place,
explain their positions to each other, |
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and confer in good faith in an
effort to resolve the dispute. |
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A resolution of the
dispute agreed to by the parties shall |
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be memorialized in
writing and signed by the parties, |
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including the board
designee on behalf of the |
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association. |
An agreement reached under this section
binds the parties and is judicially enforceable if both of the
following conditions are satisfied:
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1) |
The agreement is not
in conflict with law or the |
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governing documents
of the common interest |
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development or
association. |
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2) |
The agreement is
either consistent with the authority |
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granted by the board
of directors to its designee or |
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the agreement is ratified by the board
of directors. |
A member of the association may not be
charged a fee to participate in the process. Top
EFFECTIVENESS OF
IDR
Q.
Have you found IDR to be effective in resolving disputes?
A.
No. It is rarely effective. Top
NEED AN HOA
MEDIATOR
Q.
Our association board was unsuccessful in resolving a dispute with one of our members. We want to avoid litigation and need an experienced mediator who understands homeowner association law. How do we locate an HOA mediator?
A.
Visit the website:
HomeownerAssociationMediator.com. 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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