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CIVIL CODE
SECTION 5900-5920

Internal Dispute Resolution

5900.  (a) 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.
   (b) This article supplements, and does not replace, Article 3
(commencing with Section 5925), relating to alternative dispute
resolution as a prerequisite to an enforcement action.



5905.  (a) An association shall provide a fair, reasonable, and
expeditious procedure for resolving a dispute within the scope of
this article.
   (b) 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.
   (c) If an association does not provide a fair, reasonable, and
expeditious procedure for resolving a dispute within the scope of
this article, the procedure provided in Section 5915 applies and
satisfies the requirement of subdivision (a).



5910.  A fair, reasonable, and expeditious dispute resolution
procedure shall at a minimum satisfy all of the following
requirements:
   (a) The procedure may be invoked by either party to the dispute. A
request invoking the procedure shall be in writing.
   (b) The procedure shall provide for prompt deadlines. The
procedure shall state the maximum time for the association to act on
a request invoking the procedure.
   (c) If the procedure is invoked by a member, the association shall
participate in the procedure.
   (d) If the procedure is invoked by the association, the member may
elect not to participate in the procedure. If the member
participates but the dispute is resolved other than by agreement of
the member, the member shall have a right of appeal to the board.
   (e) A resolution of a dispute pursuant to the procedure, which is
not in conflict with the law or the governing documents, binds the
association and is judicially enforceable. An agreement reached
pursuant to the procedure, which is not in conflict with the law or
the governing documents, binds the parties and is judicially
enforceable.
   (f) The procedure shall provide a means by which the member and
the association may explain their positions.
   (g) A member of the association shall not be charged a fee to
participate in the process.



5915.  (a) 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.
   (b) 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.
   (2) A member of an association may refuse a request to meet and
confer. The association may not refuse a request to meet and confer.
   (3) The board shall designate a director to meet and confer.
   (4) 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.
   (5) 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.
   (c) An agreement reached under this section binds the parties and
is judicially enforceable if both of the following conditions are
satisfied:
   (1) The agreement is not in conflict with law or the governing
documents of the common interest development or association.
   (2) The agreement is either consistent with the authority granted
by the board to its designee or the agreement is ratified by the
board.
   (d) A member may not be charged a fee to participate in the
process.



5920.  The annual policy statement prepared pursuant to Section 5310
shall include a description of the internal dispute resolution
process provided pursuant to this article.


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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Address: 2377 W. Foothill Blvd. Suite # 13 Upland, CA 91786