2009 California Civil Code - Section 1363.810-1363.850 :: Article 5. Dispute Resolution Procedure

CIVIL CODE
SECTION 1363.810-1363.850

1363.810.  (a) This article applies to a dispute between an
association and a member involving their rights, duties, or
liabilities under this title, 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 2
(commencing with Section 1369.510) of Chapter 7, relating to
alternative dispute resolution as a prerequisite to an enforcement
action.

1363.820.  (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 1363.840 applies and
satisfies the requirement of subdivision (a).

1363.830.  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
association's board of directors.
   (e) A resolution of a dispute pursuant to the procedure, that 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, that 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.

1363.840.  (a) This section applies in 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 association's board of directors shall designate a member
of the board 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 of directors to its designee or the agreement is
ratified by the board of directors.
   (d) A member of the association may not be charged a fee to
participate in the process.

1363.850.  The notice provided pursuant to Section 1369.590 shall
include a description of the internal dispute resolution process
provided pursuant to this article.


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