Summary of Dispute Resolution Procedure
Per California Civil Code 5915 1. Either party to a dispute within the scope of this article may invoke the following procedure: a. The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing. b. A member of an association may refuse a request to meet and confer. The association shall not refuse a request to meet and confer. c. The board shall designate a director to meet and confer. d. 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 parties may be assisted by an attorney or another person at their own cost when conferring. e. 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 ofthe association. 2. A written agreement reached under this section binds the parties and is judicially enforceable if it is signed by both parties and both of the following conditions aresatisfied: a. The agreement is not in conflict with 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 to its designee or the agreement is ratified by the board. c. A member shall not be charged a fee to participate in the process. Per California Civil Code 5925 1. “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decision-making process. The form of alternative dispute resolution chosen pursuant to this article may be bindingor nonbinding, with the voluntary consent of the parties. 2. “Enforcement action” means a civil action or proceeding, other than a cross-complaint, for any of the following purposes: 3. Enforcement of this act. 4. Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110 of Division 2 of Title 1 of the Corporations Code) 5. Enforcement of the governing documents. Per California Civil Code 5930 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.
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