Meet and Confer Procedure
INTERNAL DISPUTE RESOLUTION
PROCEDURE
Civil Code Sections 5900 et seq.
1. This policy applies to a dispute between the Association and an Association homeowner involving their rights, duties, or liabilities under the Davis-Stirling Act, under the provisions of the Corporations Code relating to mutual benefit corporations (commencing with Corporations Code Section 7110), or under the Association’s governing documents.
2. Either party to a dispute within the scope of this policy may initiate the following procedure:
- The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing.
- A homeowner may refuse a request to meet and confer. The Association shall accept an owner’s request unless the parties have already used this procedure to meet and discuss the same dispute within the past three (3) months and to the Association’s knowledge there has been no change in any relevant circumstances since that prior meeting. In that case, the Association may accept or reject the homeowner’s request at its option. Any rejection shall be in writing and shall include the reason for the rejection.
- The Association’s Board of Directors shall designate one or more members of the Board to meet and confer with the homeowner.
- 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.
- Either party may, at their own cost, bring an attorney or other representative to explain their position.
- If the parties reach a resolution of the dispute, the resolution shall be memorialized in writing and signed by both parties, including the Board designee on behalf of the Association.
3. No homeowner will be charged a fee to participate in the process.