Summary of Association's Dispute Resolution Procedures
Internal Dispute Resolution Notice
In accordance with Civil Code Section 5900 et seq., the association has adopted the following internal dispute resolution process to be followed by the association and owners in connection with disputes relating to the enforcement of the association's governing documents. the Davis-Stirling Common Interest Development Act (Civil Code Section 4000 et seq.) and Section 7110 et seq. of the Nonprofit Mutual Benefit Corporation Code (Dispute).
Either party to a Dispute may invoke the following procedure:
- A party may request the other party to meet and confer in an effort to resolve the Dispute. The request shall be in writing.
- An owner may refuse a request to meet and confer. The association may not refuse a request to meet and confer.
- The association's board of directors shall designate one or more members of the board to meet and confer with the other party.
- The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the Dispute. The member and association may be assisted by an attorney or another person in explaining their positions at their own cost.
- A resolution of the Dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the board designee on behalf of the association.
- The agreement reached binds the parties and is judicially enforceable if both of the following conditions are satisfied: (a) The agreement is not in conflict with the law or the governing documents of the common interest development or association; (b) The agreement is either consistent with the authority granted by the board of directors to its designee or the agreement is ratified by the board of directors.
A member of the association may not be charged a fee to participate in the process.
San Diego HOA Management