Alternative Dispute Resolution

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2014 Legislation: AB 1738 - Attorneys in Dispute Resolution

Update: The Govenor signed the bill on 9/18.

AB 1738 allows both homeowners and associations to involve counsel in dispute resolution proceedings such as Internal Dispute Resolution (IDR) or "meet and confer." ECHO opposed this bill.

§5965 - ADR Summary Included in Annual Policy Statement

  1. An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall include the following language: "Failure of a member of the association to comply with the alternative dispute resolution requirements of Section 5930 of the Civil Code may result in the loss of the member's right to sue the association or another member of the association regarding enforcement of the governing documents or the applicable law."

§5930 - ADR Requirement Limitations

  1. An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.
  2. This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.
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