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.

§5920 - IDR Procedure Included in Annual Policy Statement

The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this article.

§5915 - Default Association Procedure

  1. This section applies to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this section is fair, reasonable, and expeditious, within the meaning of this article.
  2. Either party to a dispute within the scope of this article may invoke the following procedure:
    1. The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing.

§5910 - Association Procedure - Requirements

A fair, reasonable, and expeditious dispute resolution procedure shall at a minimum satisfy all of the following requirements:

§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.

§5900 - Application to Disputes

  1. This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents of the common interest development or association.

§5670 - Dispute Resolution for Liens

Prior to recording a lien for delinquent assessments, an association shall offer the owner and, if so requested by the owner, participate in dispute resolution pursuant to the association's "meet and confer" program required in Article 2 (commencing with Section 5900) of Chapter 10.

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