Dispute Resolution

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§5910.1 - Limit on Civil Action

An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910 by engaging in good faith in the internal dispute resolution procedures after a member invokes those procedures.

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.

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