SUMMARY OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE
Based on California Civil Code Sections 5900, 5905, 5910, 5915, 5920
Based on California Civil Code Sections 5900, 5905, 5910, 5915, 5920
California Civil Code 5900, 5905, 5910, 5915, 5920 applies to disputes between an association and a member involving their rights, duties, or liabilities.
The Association is required under this section to provide a fair, reasonable and expeditious procedure for resolving a dispute. The association is required to make maximum, reasonable use of available local dispute resolution programs involving a neutral third party, including low-cost mediation programs.
Either party to a dispute involving their rights, duties or liabilities, may invoke the procedure as follows:
- Either Party may request in writing for the parties to meet and confer in order to resolve the dispute.
- A member may refuse to meet. The Association may not refuse a request from a member.
- The association's board of directors will appoint a member of the board to meet.
- The parties will meet promptly at a mutually convenient time and place, explain their positions to each other, confer in good faith and try to resolve the dispute.
- A resolution of the dispute to which both parties agree, shall be in writing and signed by both parties. This agreement is judicially enforceable under the following circumstances:
- The agreement is not in conflict with law or the governing documents.
- The agreement is consistent with the authority of the designee or the agreement is ratified by the Board.