Conflict Resolution

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Instilling Respect and Consensus among Board Members

The success of a board depends on the effort members make to work together, no matter how wide the chasm of differences. Every difficult decision a board has to make is exacerbated when board members engage in antics, games, arguments, power struggles, secrecy, exclusion, cliques, and “ego-lympics.” Serving on the board is not about “winning” or losing. When someone “wins”, by contrast, someone else loses. It’s not a competition.

§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.

§5905 - Association Procedure

  1. An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article.
  2. In developing a procedure pursuant to this article, an association shall make maximum, reasonable use of available local dispute resolution programs involving a neutral third party, including low-cost mediation programs such as those listed on the Internet Web sites of the Department of Consumer Affairs and the United States Department of Housing and Urban Development.

§5685 - Lien Release

  1. Within 21 days of the payment of the sums specified in the notice of delinquent assessment, the association shall record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest a copy of the lien release or notice that the delinquent assessment has been satisfied.

§1369.560 - Certificate Requirements

  1. At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following conditions is satisfied:
    1. Alternative dispute resolution has been completed incompliance with this article.
    2. One of the other parties to the dispute did not accept the terms offered for alternative dispute resolution.
    3. Preliminary or temporary injunctive relief is necessary.

§1369.550 - Tolling of Statutes of Limitations

If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled during the following periods:

  1. The period provided in Section 1369.530 for response to a Request for Resolution.
  2. If the Request for Resolution is accepted, the period provided by Section 1369.540 for completion of alternative dispute resolution, including any extension of time stipulated to by the parties pursuant to Section 1369.540.

§1369.540 - Completion, Conduct and Cost

  1. If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties.
  2. Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration.

§1363.850 - Notice of Dispute Resolution Procedure

The notice provided pursuant to Section 1369.590 shall include a description of the internal dispute resolution process provided pursuant to this article.

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