WHAT IS INTERNAL DISPUTE RESOLUTION WITH A HOMEOWNERS ASSOCIATION?

State law provides a cost effective means for resolving disputes with a homeowners association.  This is called internal dispute resolution (IDR).  It is described in Civil Code Section 1363.810, et al.  If a property owner wishes to initiate IDR, the homeowners association must participate.  If the homeowners association wishes to initiate IDR, the owner may or may not participate.  Civil Code Section 1363.820 states that an association “shall provide a fair, reasonable, expeditious procedure for resolving a dispute.”  IDR operates by bringing the property owner and the representatives of the association together so that they may meet at a mutually convenient time and place to explain their positions to each other and confer in good faith in an effort to resolve the dispute.  Civil Code Section 1363.840 (b)(4).  Many disputes are resolved by IDR.

For more information on homeowner association law, contact Barry A. Ross, Esq. at 949-727-0977 or e-mail: rossbarry@aol.com.  Visit Mr. Ross’s website at www.rossrealestatelaw.com.  For a FREE download of California Homeowner Association Members Guide, go to my website at www.rossrealestatelaw.com.

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Barry A. Ross

Licensed since 1973

Member at firm Barry A. Ross, Esq.

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RECENT POSTS

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    Topic: Homeowners Association Law

    Civil Code Section 5975(c) states: “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” There are a few things to note about this statute. First, this only applies to an action to “enforce the governing documents.” If this is not an action to “enforce the ... Read more

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    (Strategic Lawsuit Against Public Participation) statute is Code of Civil Procedure Section 425.16. When the SLAPP statute was first enacted in 1992, twenty four years ago, some people, believed that it would not apply to homeowners associations because the SLAPP statute deals with freedom of speech which generally protects against governmental action and not private ... Read more

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Barry A. Ross

Licensed since 1973

Member at firm Barry A. Ross, Esq.

AWARDS

AV Preeminent

RECENT POSTS

  • Attorney’s Fees in Homeowners Association Disputes
    Posted on March 6, 2017
    Topic: Homeowners Association Law

    Civil Code Section 5975(c) states: “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” There are a few things to note about this statute. First, this only applies to an action to “enforce the governing documents.” If this is not an action to “enforce the ... Read more

  • Does the SLAPP Statute apply to Homeowners Associations?
    Posted on March 6, 2017
    Topic: Homeowners Association Law

    (Strategic Lawsuit Against Public Participation) statute is Code of Civil Procedure Section 425.16. When the SLAPP statute was first enacted in 1992, twenty four years ago, some people, believed that it would not apply to homeowners associations because the SLAPP statute deals with freedom of speech which generally protects against governmental action and not private ... Read more

  • When to sue my Homeowners Association
    Posted on March 6, 2017
    Topic: Homeowners Association Law

    At some point it may appear that litigation is your only option remaining to resolve the dispute with the association. There are many different causes of action that may be asserted. These include: breach of fiduciary duty, negligence and/or breach of contract. Breach of contract is based upon a violation of the CC&R’s or the ... Read more